CHEMINOVA INDIA LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) This criminal appeal is filed, aggrieved by the order dated 12.05.2020 passed by the High Court of Punjab and Haryana at Chandigarh. By the aforesaid order, High Court has dismissed the petition in CRM-M No. 1162-2020 (O&M) so far as the appellants are concerned. Appellants have approached the High Court seeking quashing of Complaint No.26 dated 25.03.2014 filed by the second respondent - The Insecticide Inspector, Attari, District Amritsar under Section 3(k)(i), 17, 18 and 33 punishable under Section 29 of the Insecticides Act, 1968 (hereinafter referred to as 'the Act') read with Rule 27(5) of the Insecticides Rules, 1971.

(3.) On 10.02.2011, Insecticide Inspector, Attari, District Amritsar, inspected the premises of firm - M/s. Navneet Singh - on Railway Road, Attari, District Amritsar where its sole proprietor Sh. Navneet Singh was present. M/s. Navneet Singh is a dealer of the first appellant-company which is engaged in the manufacture of insecticides. On the day of inspection, Inspecting Officer found 60 tins of insecticide, viz., Trizophos 40% E.C. in the premises for sale. The Inspecting Officer has taken three tins, out of the 60 tins, as test samples and on the ground that samples sent for analysis were found to contain active ingredient to the extent of 34.70% only as against the labelled declaration of 40%, alleging that it amounts to 'misbranding' within the meaning of Section 3(k)(i) of the Act and sale of such item is an offence under Sections 17, 18 and 33 punishable under Section 29 of the Act, the second respondent has lodged the complaint before the Chief Judicial Magistrate, Amritsar in Complaint No.26 of 2014. In the said complaint, along with the dealer from whom samples were seized, the first appellant-company, second appellant-Managing Director and other persons are sought to be prosecuted.