DEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have approached this Court seeking quashing of Complaint No.05 dated 9.1.2018 (Annexure P-l) titled as 'State Vs. M/s Gill Pesticides & Others' registered under Sections 3(k)(i), 17, 18, 29 and 33 of Insecticides Act, 1968 read with Rules 27(5) of Insecticides Rules, 1971 and also the summoning order dated 9.1.2018 (Annexure P-2) passed by learned Chief Judicial Magistrate, Moga.

(2.) A few facts, necessary to notice for disposal of this petition, are that Insecticide Inspector, Moga, Rachhpal Singh, inspected the premises of M/s Gill Pesticides, Jaito Khosa, District Moga and drew a sample of insecticide namely 'Tricontanol 0.05% GR (Brand Name-Biogold)', Batch No.RJ-040, manufacturing date May, 2011 and expiry date October, 2012 on 17.8.2011.The aforesaid sample was got analyzed and as per Analyst's report dated 6.9.2011 (Annexure P-3), the same was found to be misbranded. Pursuant thereto a show cause notice was issued to the accused on 23.8.2011. Since a request for re-analysis of the second sample was made by the dealer, the same was got analyzed from Central Insecticides Laboratory, Faridabad and as per report dated 15.12.2011 (Annexure R-2) of the said laboratory, the sample was again found to be misbranded.

(3.) Since Section 31 of Insecticides Act, 1968 mandates that before launching prosecution sanction of State Government is to be obtained. It appears that Chief Agriculture Officer, Moga vide his letter No.7226 dated 7.7.2017 requested Joint Director of Agriculture (Plant Protection), SAS Nagar, Punjab for according sanction for the purpose of launching prosecution against the accused. The Joint Director of Agriculture (Plant Protection), SAS Nagar, Punjab vide letter dated 23.8.2017 (Annexure P-4) accorded sanction for prosecuting the accused including the petitioners, who are the manufacturers and representatives of the manufacturing firm.