V.K. PAHWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) V .K. Pahwa, petitioner-accused, seeks quashing of the complaint qua him filed under Sections 3(k)(1), 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as 'the Act') read with Rule 27(5) of the Insecticides Rules, 1971, which is pending in the Court of Additional Chief Judicial Magistrate, Ferozepur.

(2.) ON 6.7.1987, complainant-Charan Singh Bhullar, Insecticides Inspector, Ferozepur visited the shop of Surinder Mohan, respondent-accused, proprietor of M/s. Gupta Seed Store, VPO Dharam Kot, Tehsil Zira, District Ferozepur, who is the authorised dealer of M/s. Tropical Agro Systems Pvt. Ltd. Madras. M/s. Gupta Seed Store, Dharam Kot was dealing in pesticides/insecticides under Licence No. 681 dated 9.12.1985 issued by the Licensing Authority (C.A.O.), Ferozepur. At the time of inspection of the shop, Surinder Mohan-accused was present. He was informed by the Insecticides Inspector that a sample of Thunder (Butachlore 50% EC) of Batch No. 9 manufactured by M/s. Tropical Agro Systems Pvt. Ltd., Madras was to be drawn by him. Thereafter, three samples of Thunder (Butachlore 50% EC) each measuring @ 300 ml. each were taken from the sealed tin of 5 litres packing of Batch No. 9 and were put in three plastic bottles. The seizure memo was prepared which was signed by Surinder Mohan. The plastic bottles were put in polythene bags separately and seizure memo was also put in polythene bags. Thereafter, the sample was sealed in accordance with the prescribed procedure and one sealed bottle was handed over to Surinder Mohan, accused and receipt was taken from him in this regard. One sealed sample was sent to the State Insecticides Testing Laboratory, Ludhiana through Shri Gurdeep Singh, Insecticides Inspector, Dharam Kot and the third sample was deposited in the office on 7.7.1987. On analysis, the Analyst declared the sample to be mis-branded as it did not conform to ISI specifications in respect of its percentage, active ingredient contents as the sample contained 44.05% instead of 50% active ingredients in violation of Section 3(k)(i) of the Act. Copy of the report was delivered to the dealer on 11.9.1987. As M/s. Gupta Seed Store, Dharam Kot had sold mis-branded Weedicide Thunder (Butachlore 50% EC) and it was manufactured by M/s. Tropical Agro Systems Pvt. Ltd., Madras, the complaint was filed under Sections 3(k)(i), 17, 18, 29 and 33 of the Act, wherein Surinder Mohan and V.K. Pahwa were arrayed as accused to face trial in the Court of Judicial Magistrate, First Class, Ferozepur on the basis of complaint filed by Insecticides Inspector, Ferozepur on 12.4.1988 in this regard.

(3.) IN the petition many other grounds were taken to challenge the prosecution of the petitioner under Sections 3(k)(i), 17, 18, 29 and 33 of the Act on the basis of complaint filed but during the course of arguments, the launching of the prosecution was assailed on the sole ground that no legal sanction or valid sanction of the State Government for the prosecution of the petitioner as required under Section 31 of the Act was obtained and for that reasons cognizance could not be taken against the petitioner by the learned trial Magistrate. Accordingly, it had been prayed that complaint (Annexure P-1) impleading the present petitioner is liable to be quashed. Learned counsel cited K.G. Papu and another v. State of Punjab, 1996(1) RCR 795; Vinod Goyal v. State of Punjab, 1996(2) RCR 336; Tannu Galhotra alias Neeraj v. State of Punjab, 1994(3) RCR 501 and Jayant Navalakha v. State of Punjab, 1999(2) RCR(Criminal) 764.