NEELESH KUMAR JAIN Vs. STATE OF MP

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure has been filed by the applicant, who manufactured insecticide Fenvalerate 0.4% D.P. With the prayer that his prosecution for the offence under section 18 (1) (c) read with section 29 (1) (a) of the Insecticides Act, 1968 (hereinafter referred to as 'the Act'), pending in the Court of Judicial Magistrate First Class, Sagar, as Criminal Case No. 504/04 be quashed.

(2.) RELEVANT facts of the case are that applicant manufactured the insecticide in his factory by name M/s. Choudhary Minerals and Chemicals. On 30.1.2004 Senior Agriculture Development Officer took samples of insecticides viz., Methyl Parathion D.P. 02.00 and Fenvalerate 0.4% D.P. for the purpose of analysis and prepared Panchnama and after dividing the samples into 3 parts sent one sample of Methyl Parathion to the Regional Laboratory of Analysis, Jabalpur and sent one sample of Fenvalerate to Central Insecticides Laboratory, Faridabad (Haryana). With respect to the sample of Methyl Parathion report of the Regional Laboratory was that the sample conformed to the relevant specification of the prescribed standard. However, according to the report of Central Insecticides Laboratory sample of Fenvalerate was found not conforming to the relevant specifications in the active ingredient test of prescribed standard. As such it was found to be misbranded. Date of manufacturing of the insecticide was 1.1.2004 and its expiry was December, 2005.

(3.) APPLICANT wrote letters to the Deputy Director of Agriculture challenging that the sample of the insecticide was not taken in accordance with the law and requested to take sample again from the stock of insecticide, which he received but his prayer was not heeded.