R.VENKATACHALAM Vs. STATE

JUDGEMENT

(1.) THE Petitioners invoke inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for quashing of the criminal complaint preferred against them for an offence punishable under Sections 29(1) (a) of the Insecticides Act, 1968 (the Act).

(2.) THE gravamen of the Petitioners challenge before this Court is that on 30.01.1997 Respondent No.2 took a sample of mosquito repellant mats having insecticide d-trans allethrin 2% W/W, batch No.KPB/105/M, manufacturing date 8/96 and expiry date 7/98. The Director, Central Insecticides Laboratory (CIL) Faridabads report dated 18.03.1997 declared the sample to be misbranded. As per the report the sample was tested as per IS:13439-1992. The Insecticide Inspector issued a notice to the second Petitioner requiring it to show cause as to why legal proceedings may not be initiated against it as the sample of its mosquito repellant mat was found to be sub-standard. The Petitioners disputed the validity of the report and requested for a re-sampling at Petitioners costs and expenses. Not convinced with the Petitioners response, a complaint for an offence

(3.) THE Petitioners seek quashing of the complaint on the following grounds:-