PREET KHETI SEWA CENTER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a Petition under Section 482 Cr.PC seeking quashing of the Complaint No.COMA/7404/2018 Dated 28.05.2018 under Sections 3K(1) , 17 , 18 , 29 & 33 of the Insecticides Act, 1968 read with Rule 27(5) of the Insecticides Rules, 1971 and Summoning Order dated 28.05.2018 of the Court of CJM Ludhiana. Petitioner No.1 happens to be the Firm M/s Preet Kheti Sewa Center represented by its Proprietor and responsible person Manpreet Singh, who himself happens to be Petitioner No.2.

(2.) Background of the matter is that the Complaint (Annexure P-2) was filed by Jasbir Kaur, Notified Insecticide Inspector, Gopal Khurd, Block Dehlon, District Ludhiana, who inspected the premises of Petitioner No.1 on 11.09.2015 and checked insecticides lying in its Shop premises and found 9.75 Liters (39 x 250 ml.) stock of insecticide Quinalphos 25% EC (Kemlox) bearing Batch No.IVSCKLX003 having manufacturing date 15.04.2015 and Expiry date 14.04.2017 manufactured by M/s Sumitomo Chemical India Pvt. Ltd., Mumbai and out of this Stock, she selected three original sealed containers 250 Ml Leter each of Quinalphos 25% EC (Kemlox) and then she put those selected duly sealed containers of 250 Ml each into three separate neat, clean and dry polythene envelopes one container into one polythene envelope. This fact is evident from the perusal of Form XX that the sample was drawn from its original packing. The copy of Form XX is attached as Annexure P-1.

(3.) After the sample was drawn and after dividing it into three parts, one part of the sample was given to Petitioner No.2 and two parts were retained by the Insecticide Inspector, out of which one part of the sample was sent to the Insecticide Quality Control Laboratory, Faridabad on 15.09.2015 and from there it was sent to Regional Pesticides Testing Laboratory, Chandigarh and it was found misbranded after its analysis on 26.09.2015. On the basis of the report, the present Complaint dated 28.05.2018 was launched in the Court of Chief Judicial Magistrate, Ludhiana. After filing the Complaint, the Petitioner No.1 through its Proprietor Mandeep Singh and other co-accused were summoned by the Court of CJM, Ludhiana vide his impugned Order of the same date (Annexure P-3).