Case Details

new file COMA/136/2019 CNR No.HRYN030041242019 Insecticide Inspector-cum-Assistant Plant Protection Officer, Yamuna Nagar vs. Hari Krishan & others Present: For the complainant, Shri Rakesh Kumar, Insecticide Inspector-cum-Assistant Plant Protection Officer, Yamuna Nagar. File put up before me in compliance of order of learned District & Sessions Judge, Yamuna Nagar at Jagadhri conveyed vide endorsement No.9616-43 dated 01.07.2019 a Ms. Anudeep Kaur Bhatti, learned Chief Judicial Magistrate-cum-Additional Civil Judge (Senior Division), Yamuna Nagar at Jagadhri is on Child Care Leave. Complaint under Section 29 of Insecticides Act has been presented today. It be checked and registered. Facts of the complaint examined. The present complaint is filed by Shri Rakesh Kumar, Insecticide Inspector-cum-Assistant Plant Protection Officer, Yamuna Nagar under Section 29 of the Insecticide Act, 1968 and Rules made thereunder for the violation of Section 3(k), 17(1) and 18 of Insecticides Act, in official capacity. In this case both the ingredients of Section 200 of Code of Criminal Procedure (Cr.P.C.) have been fulfilled. The complaint has been made by Shri Rakesh Kumar, Insecticide Inspector-cum-Assistant Plant Protection Officer, Yamuna Nagar, who is a public servant acting or purporting to act in the discharge of his official duties. Hence, it is ordered that recording of preliminary evidence is dispensed with. Further, a prayer for exemption from personal appearance of complainant has been made. Heard. Keeping in view the nature of duties to be performed by the complainant, his personal appearance is exempted till further orders. In his absence learned APP of the Court shall appear on each and every date of hearing. Case is now adjourned to 25.09.2019 for arguments on the point of summoning of accused. (Gagandeep Mittal) ACJM/Jagadhri. (UID No.HR0203) Date of order: 01.07.2019. (Suman)

1 State Vs. Hari Krishan Present: None. File taken up today as I shall be on casual leave 23.9.2019 to 25.9.2019. Therefore, the case is now adjourned to 26.9.2019 for the purpose already fixed. All concerned be informed accordingly. (Anudeep Kaur Bhatti) ACJ(SD)/CJM/RC/Jagadhri Date of order: 21.09.2019 (UID No. HR0250) Leena Rani, Steno 2019-09-24T09:21:25+0430 LEENA RANI I attest to the authenticity of this document

sanjay CNR No.HRYN030041242019 CIS NO.COMA/136/2019 Insecticide Inspector-cum-Assistant Plant Protection Officer vs. Hari Krishan & others 1 Present: For the complainant, Shri Rakesh Kumar, Insecticide Inspector-cum-Assistant Plant Protection Officer, Yamuna Nagar. Shri Ram Kumar Bubka, Advocate for applicant-Indogulf Cropsciences Ltd. Reply filed by the Insecticide Inspector-cum-Assistant Plant Protection Officer, Yamuna Nagar, to the application under Section 24(3) (4) of Insecticide Act, 1968 for re-testing the second sample of Chlorpyriphos 20% EC (Rusban) bearing same batch number NCL1-174 with manufacturing date 20.08.2018 and expiry date 19.08.20 from Central Insecticide Laboratory. 2. Arguments heard. 3. Present complaint has been filed by the Insecticide Inspector- cum-Quality Control Inspector, Yamuna Nagar against the applicant- accused company along with other accused i.e. Hari Krishan (responsible person of dealer) representing M/s Neel Kanth Fertilizers, Jagadhri Ambala Road, Jagadhri. It has been stated in the application that the applicant-company is manufacturing Chlorpyriphos 20% EC (Rusban) bearing same batch number NCL1-174 with manufacturing date 20.08.2018 and expiry date 19.08.20. The sample of Chlorpyriphos 20% EC (Rusban) bearing same batch number NCL1-174 with manufacturing date 20.08.2018 and expiry date 19.08.20 was taken by Quality Control Inspector, Yamuna Nagar. It was analysed from Senior Analyst Quality (Anudeep Kaur Bhatti) Chief Judicial Magistrate, Yamuna Nagar at Jagadhri. CNR No.HRYN030041242019 CIS NO.COMA/136/2019 Insecticide Inspector-cum-Assistant Plant Protection Officer vs. Hari Krishan & others 2 Control Laboratory (Pesticides) Karnal. As per the report dated 31.03.2019 the sample was found mis-branded. The applicant company was served a notice dated 08.04.2019 as the sample was found mis- branded. The applicant company replied to the notice and expressed its intention to get the sample re-analysed at its own costs as per the provisions of Section 24(3) of the Insecticide Act, 1968 (hereinafter referred to as 'the Act'). It has been further stated in the application that Deputy Director of Agriculture and Farmer Welfare Department, Yamuna Nagar has stated in the re-joinder given to the reply that sample can be sent for re-testing only after the orders of the Court. Hence, the present application has been filed. 4. In the reply to this application, the complainant i.e. Insecticide Inspector has conceded that the applicant company has a right of getting the sample re-tested from the Central Insecticide Laboratory. He has further stated in his reply that guard sample be sent to Central Insecticide Laboratory. 5. I have considered the contents of the application. 6. Section 24(4) of the Insecticide Act, 1968 gives discretion to the Court to cause the sample of the insecticide produced before the Magistrate under Section 22(6) of the Act for re-analyse from the Central Insecticides Laboratory. Using this discretion, the present application is (Anudeep Kaur Bhatti) Chief Judicial Magistrate, Yamuna Nagar at Jagadhri. CNR No.HRYN030041242019 CIS NO.COMA/136/2019 Insecticide Inspector-cum-Assistant Plant Protection Officer vs. Hari Krishan & others 3 allowed and the second sample produced before the Court at the time of institution of the complaint is ordered to be sent for re-analyses to "Additional Plant Protection Adviser/Director (CIL), Central Insecticide Laboratory, Govt. of India, Directorate of Plant Protection, Quarantine @ Storage, N.H.IV, Faridabad, Haryana- 121001. Case is now adjourned to 11.12.2019 for awaiting of report from the Central Insecticide Laboratory, Faridabad. The application for re-testing be disposed off in the CIS and papers relating thereto be attached with the complaint case file. Announced: 26.09.2019. (Anudeep Kaur Bhatti) Chief Judicial Magistrate, Yamuna Nagar at Jagadhri. (UID No.HR0250) (Devi Dayal) (Anudeep Kaur Bhatti) Chief Judicial Magistrate, Yamuna Nagar at Jagadhri. 2019-10-03T11:09:14+0000 DEVI DAYAL I attest to the accuracy and authenticity of this document digitally signed by Devi Dayal

new file CNR No.HRYN030041242019 CIS No.COMA/136/2019 Insecticide Inspector-cum-Assistant Plant Protection Officer vs. Hari Krishan & others Present: For the complainant, Shri Rakesh kumar, Insecticide Inspector-cum-Assistant Plant Protection Officer, Yamuna Nagar. Heard on the point of summoning of accused. Facts of the complaint examined. The present complaint is filed by Shri Rakesh Kumar, Insecticide Inspector-cum-Assistant Plant Protection Officer, Yamuna Nagar under Section 29 of the Insecticide Act, 1968 and Rules made thereunder for the violation of Section 3(k), 17(1) and 18 of Insecticides Act for selling and manufacturing misbranded insecticide i.e. Chlorpyriphos 20% EC (Rusban). Perusal of the contents of the complaint alongwith documents attached with it reveals that there is a prima facie case for the summoning of the accused to face trial for violation of Section 3(k), 17(1) and 18 of Insecticides Act, 1968 and Rules framed thereunder which are punishable under Section 29 of the Act, therefore, accused be summoned for 19.02.2020. Report of Central Insecticide Laboratory, Faridabad not received. Same be also awaited for the date fixed. (Anudeep Kaur Bhatti) CJM/Jagadhri. (UID No.HR0250) Date of order: 11.12.2019 (devi dayal) 2019-12-15T13:29:05+0000 DEVI DAYAL I attest to the accuracy and authenticity of this document digitally signed by Devi Dayal

1 COMA-136 of 2019 CNR No. HRYN03-004124-2019 Insecticide Inspector Vs. Hari Krishan etc. Present: For the complainant, Sh. Rakesh Kumar, Assistant Plant Protection Officer, Yamuna Nagar. Today, Sh. Rakesh Kumar, APPO, Yamuna Nagar appeared and made a statement that Insecticide Manufacturing company M/s Indo Gulf Crop Sciences Pvt. Ltd. had sent the sample for retesting under Section 24 of Insecticide Act, 1968 and same was found up to specification. Therefore, he withdraws the present complaint against the firm. Heard. Now, case is adjourned to 15.4.2020, for consideration. Date of Order:19.02.2020 (Arvind Kumar) Typed By: Leena Rani, Steno CJM/Jagadhri (UID No. HR0257) 2020-02-19T16:56:23+0530 LEENA RANI I attest to the authenticity of this document

1 State Vs. Hari Krishan Present: None. File taken up today in view of order no.39 dated 13-4- 2020 passed by learned District and Sessions Judge, Yamuna Nagar at Jagadhri conveyed to the undersigned vide office endorsement bearing no. 4639-63 dated 13-4-2020 of the office of learned District and Sessions Judge, Yamuna Nagar at Jagadhri and in view of the same, the present case stands adjourned to 22.7.2020 for the purpose already fixed. All concerned be informed accordingly. However, previous order in respect of process shall continue. (Arvind Kumar) CJM/ACJ(SD)/Jagadhri. (UID No.HR0257) Date of order: 15-4-2020 2020-04-16T11:27:29+0530 LEENA RANI I attest to the authenticity of this document

CNR No: HRYN030041242019 CIS No: COMA/136/2019 STATE THROUGH NOTIFIED INSECTICIDE INSPECTOR-CUM- ASSISTANT PLANT PROTECTION OFFICER VS SH. HARI KRISHAN etc. Present: None. File taken up today in pursuance of order no. 60 dated 30.6.2020 passed by the learned District and Sessions Judge, Yamuna Nagar at Jagadhri conveyed to the undersigned vide office endorsement bearing no. 7450-75 dated 30.6.2020 of the office of learned District and Sessions Judge, Yamuna Nagar at Jagadhri and in view of the same, the present case stands adjourned to 16.09.2020 for the purpose already fixed. All concerned be informed accordingly. However, previous order in respect of process shall continue. Date of Order:01.07.2020 (Arvind Kumar) CJM/ACJ(SD)/Jagadhri (UID No. HR0257)

CNR No: HRYN030041242019 CIS No: COMA/136/2019 STATE THROUGH NOTIFIED INSECTICIDE INSPECTOR-CUM- ASSISTANT PLANT PROTECTION OFFICER VS SH. HARI KRISHAN etc. Present: None File taken up today in pursuance of order no. 86 dated 28.08.2020 passed by learned District & Sessions Judge, Yamuna Nagar at Jagadhri conveyed to the undersigned vide office endorsement bearing no. 10352- 70 dated 28.08.2020 of the office of learned District & Sessions Judge, Yamuna Nagar at Jagadhri and in view of the same, the present case stands adjourned to 11.11.2020 for the purpose already fixed. All concerned be informed accordingly. However, previous order in respect of process shall continue. Date of Order 31.08.2020 (Arvind Kumar) Typed By: Bhavisha Gaba CJM/ACJ(SD)RC (Stenographer Grade-III) Yamuna Nagar at Jagadhri (UID No. HR0257)

CNR No: HRYN030041242019 CIS No: COMA/136/2019 STATE THROUGH NOTIFIED INSECTICIDE INSPECTOR-CUM- ASSISTANT PLANT PROTECTION OFFICER VS SH. HARI KRISHAN etc. Present: None File put up before me in pursuance of the order no. 110 dated 30.10.2020 passed by learned District & Sessions Judge, Yamuna Nagar at Jagadhri conveyed to the undersigned vide office endorsement bearing no.13458-84 dated 30.10.2020 of the office of learned District & Sessions Judge, Yamuna Nagar at Jagadhri and in view of the same, the present case stands adjourned to 27.01.2021 for the purpose already fixed. All concerned be informed accordingly. However, previous order in respect of process shall continue. Date of Order 09.11.2020. (Arvind Kumar) (Bhavisha Gaba) CJM/ACJ(SD)RC, Yamuna Nagar at Jagadhri (UID No. HR0257)