LAWS(P&H)-2020-2-304

LALIT BANSAL Vs. STATE

Decided On February 24, 2020
LALIT BANSAL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) By this common order, I intend to dispose of CRM-M-3287-2017 titled 'Lalit Bansal and another vs. State through Insecticide Inspector, Ferozepur'; CRM-M-22378-2016 titled 'Mohinder Singh and others vs. State through Insecticide Inspector, Shahkot, District Jalandhar1; CRM-M-40257-2016 titled 'Sunil Sethy and another vs. State through Sh. Sukhjit Singh, Insecticide Inspector, Shahkot, Jalandhar'; CRM-M-28862-2017 titled 'Chambal Fertilizers and Chemicals Limited and others vs. State through Insecticide Inspector, Ferozepur, District Ferozepur1; CRM-M-19425-2017 titled as 'M/s Chambal Fertilisers and Chemicals Limited and others vs. State through Nirmal Singh, Insecticides Inspector, Ludhiana1; CRM-M-14798-2017 titled 'Anand Pradeep Kumar vs. State through Sh.Sukhjit Singh, Insecticide Inspector, Shahkot, Jalandhar1 and CRM-M-37966-2016 titled 'M/s Chambal Fertilizers and Chemicals Limited vs. State through Sh. Sukhjit Singh, Insecticide Inspector, Shahkot, Jalandhar and others' as all these petitions are interconnected. CRM-M-3287-2017

(2.) This petition under Section 482 Cr.P.C, for quashing of criminal complainant COMA No. 77/2016, dated 1.7.2016, filed before CJM, Ferozepur, titled 'State through Insecticide Inspector, Ferozepur Block Ferozepur, District Ferozepur vs. M/s Aggarwal and Sons, Ferozepur City, Tehsil and District Ferozepur and others', and summoning order dated 1.7.2016 passed by CJM, Ferozepur, in that case, besides subsequent proceedings, have been filed by petitioners Lalit Bansal and ID. Mahto.

(3.) Briefly stated facts of the case are that State through Insecticide Inspector, Ferozepur Block Ferozepur, District Ferozepur, had brought a complaint under Section 3 (k)(i) 17, 18, 29 and 33 of Insecticide Act, 1968 (hereinafter to be referred as 'the Act') read with Section 27 (5) of the Insecticide Rules, 1971 (hereinafter to be referred as 'the Rules), against M/s Aggarwal and Sons, Shop No. 34, NGM Ferozepur city, Tehsil and District Ferozepur - Firm; Manuj Garg s/o Vinod Kumar r/o Namak Mandi, Ferozepur City -Proprietor of Firm; M/s. Sarswati Agro Chemicals (India) Pvt. Ltd., Village Nimbua, P.O. Mubarakpur, Tehsil Dera Bassi, District SAS Nagar, Punjab - Manufacturer; Lalit Bansal s/o Suraj Kumar Bansal r/o H. No. 1708, Phase 3-B, SAS Nagar - Director and responsible person of Manufacturing Company; I.D. Mahto s/o Sita Ram Mahto r/o H.No. 244/1-A, South Extn. Trikuta Nagar, J&K - Responsible person for conduct of business and quality control of Manufacturing Company; M/s. Chambal Chemicals and Fertilizers Ltd., Gadepan, District Kota, Rajasthan - marketing company; Anil Kapoor s/o B.B.L. Kapoor, 'Corporate One', 1st floor, 5 Commercial Centre, Jasola, New Delhi - Managing Director and responsible person of Marketing Company (CFCL); Krishan Kumar Jangra s/o Z.S. Jangra r/o H.No.51, Sulabh Vihar, Near Asopa Hospital, Gailana Road, Agra (U.P.) - Responsible person for quality control and conduct ofbusiness of Marketing Company (CFCL) and Arvind Kumar Sharma s/o Ram Kishan Sharma r/o H.No.92, Patel Nagar, Bathinda -Responsible person for conduct of business and godown incharge, on the allegations that on 13.7.2013, at about 2.30 P.M. Complainant Ranbir Singh, Insecticide Inspector, Ferozepur, alongwith other officials checked the stock register of firm M/s Aggarwal and Sons, Shop No. 34, NGM Ferozepur City and found 1050 x 5 kgs (5250 kg) of cartaphydrochloride 4% g., in the stock of the firm (brand name VEERTAP POWER). He checked the licence of the firm and selected 5 kg pack bearing Batch No. VTPSA-3027, manufacturing date 12.4.2013 and expiry date 11.4.2015, which was manufactured by M/s Sarswati Agro Chemicals (India) Pvt. Ltd., Village Nimbua, P.O. Mubarakpur, Tehsil Dera Bassi, District Mohali, Punjab and marketed by M/s Chambal Chemicals and Fertilizers Ltd. Gadepan, District Kota, Rajasthan, vide their invoice No. 126/P dated 30.4.2013. The material of sample was purchased on 30.4.2013 from M/s Aggarwal and Sons, Shop No. 34, NGM Ferozepur City. The sample was drawn perfectly in accordance with the procedure laid down in the Act and Rules. The consent of the dealer was taken before taking the sample. Usual proceedings were carried out. 750 gms material was drawn and put into three separate clean and dry polythene bags and converted into sealed parcels. One part of the sample was given to Manuj Garg, proprietor of the firm at the spot. Two samples were taken away by the raiding team and deposited in the office of Chief Agricultural Officer, Ferozepur, alongwith other documents. It was sent to Senior Analyst Insecticide Testing Laboratory, Ludhiana and as per test reports received therefrom, the same was declared mis-branded with the remarks that sample does not conform to IS. Specifications with respect to its percentage active ingredient contents. Copy of that report was delivered to dealer firm M/s Aggarwal and Sons, Shop No. 34, NGM Ferozepur City alongwith show cause notice. Similarly copy of such report alongwith show cause notice was sent to manufacturer firm and to the marketing firm. Replies received were not found to be satisfactory. Personal hearing was given to the dealer, but no convincing explanation was received, as such the complaint was filed in the court of CJM, Ferozepur.