ANAND TRADING CO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. for quashing of complaint No. 230 dated 30.4.2005 (Annexure P-1) under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 read with Section 27(5) of the Insecticides Rules, 1971 and the summoning order dated 30.4.2005 (Annexure P-2) and all subsequent proceedings arising out of the said complaint.

(2.) Notice of motion was issued and in response thereto, reply has been filed by the respondent-State which is on record.

(3.) Briefly, the fact of the case as given in the petition are that shop of the petitioners was inspected by Shri Rachhpal Singh, Insecticide Inspector, Moga-II, on 21.11.2001 and sample of Isoproturon 75% manufactured in September 2003 by M/s Coromandal Indag Products India Limited was drawn. After drawing the sample and dividing the same into three parts, one part of the sample was given to the petitioners and two parts were retained by the Inspector, out of which one part of the sample was sent to the Insecticide Testing Laboratory, Ludhiana and the sample was found misbranded on analysis. On receipt of report from the Analyst, the present complaint dated 30.4.2005 was filed in the Court of JMIC, Moga and the petitioners were summoned accordingly.