NORTHERN MINERALS LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India seeks quashing of the compliant No. 50-C dated 18.7.1994 (Annexure P-9) pending in the Court of Sub Divisional Judicial Magistrate, Phagwara and the proceedings consequential thereto.

(2.) ON 4.1.93, Insecticides Inspector, Kapurthala took a sample of 2-4D Sodium Salt 80% Batch No. 04 from the premises of M/s. New Janta Agricultural Store V. and P.O. Rehana Jattan, Tehsil Phagwara and Distt. Kapurthala. This insecticide was manufactured by petitioner No. 1 which is a company registered under the Companies Act. Petitioner No. 2 is an Officer of the Company. The date of manufacture of the sample was November 1991 and the date of expiry was October, 1993. The sample drawn by the Insecticides Inspector was sent by him to the Chief Agricultural Officer, Kapurthala. This was sent by the Chief Agricultural Officer for analysis to the Insecticides Laboratory, Bathinda. The Insecticides Laboratory gave its report on 1.2.1993 that the sample was misbranded. The attested copy of the analyst report was sent by the Chief Agricultural Officer to the petitioner No. 1 by letter dated 30.3.93. This was received by the petitioner No. 1 on 5.4.1993. On 18.4.93, petitioner No. 1 sent a reply in which it is stated that the report of the Insecticides Laboratory, Bathinda is totally incorrect. It is further stated that on receipt of the letter, the entire record has been checked and it has been found that the insecticide was infact never manufactured by petitioner No. 1. In the reply, it is also clearly stated as under :

(3.) I am of the considered opinion that the matter is squarely covered by the judgment of the Supreme Court in the case of State of Haryana v. Unique Farmaid P. Ltd. and others, 1999(4) RCR(Criminal) 540. After considering the entire law the Supreme Court has held as under :