Swastik Pesticides Ltd., Bathinda. After making necessary statutory compliances, he drew a sample of insecticide Cartap Hydrochloride 4% GR, Batch No. SPC-9008, with manufacturing date as June, 2009 and expiry date as May, 2011, supplied by petitioner No.3 - M/s Swastik Pesticides Limited, Bhopa Road, Muzaffarnagar (U.P.). Out of the samples collected by the Insecticide Inspector, one of them was sent to the Senior Analyst, Insecticides Testing Laboratory, Bathinda on 15.06.2009. The report of the Insecticide Testing Laboratory, Bathinda dated 17.06.2009 was received in the office of Chief Agriculture Officer, Bathinda on 18.06.2009, as per which sample was found to be misbranded. Copies of the report were sent to dealer as well as manufacturer. At the request of manufacturer, reference sample was got re-tested from the Central Insecticides Laboratory, Faridabad, but again it was found mis-branded vide report dated 14.10.2009. After obtaining necessary sanction from the competent authority, complaint was filed on 15.05.2014 to prosecute the dealer as well as manufacturer and their respective representatives under Sections 3(k)(i), 17, 18, 29, 33 of the Act. Learned Chief Judicial Magistrate, Bathinda, vide order dated 15.05.2014 ordered summoning of all the accused to face prosecution.
