AGRO CHEMICALS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C., filed by the accused-petitioner, seeking the quashment of the criminal complaint under Sections 3(k), 17, 18, 29 and 33 of the Insecticides Act, 1968 read with Rule 27(5) of the Insecticides Rules, 1971 and all subsequent proceedings taken thereon.

(2.) IN the present petition it was alleged that the petitioner was the Managing Director of M/s. Agro Chemicals, Jaipur. It was alleged that the allegations in the complaint were that on 15.8.1989, the Insecticide Inspector had drawn a sample of insecticide in question from the shop of M/s. Kishan Beej Bhandar, Raman Mandi (Bathinda) and the sample was sent to the Central Insecticides Laboratory, Hyderabad for analysis and was declared as misbranded. It was alleged that the petitioner was impleaded being the manufacturer of the said insecticide. It was alleged that the criminal complaint and all subsequent proceedings taken thereon against the petitioner were liable to be quashed inter alia on the ground that the Insecticide Inspector had sent the sample for analysis directly to the Central Insecticides Laboratory, Hyderabad instead of sending it to the Insecticide Analyst and in this manner, the petitioner did not get opportunity to rebut the report of the Insecticide Analyst. It was further alleged that the sanction to prosecute the petitioner was bad in law inasmuch as there was no reference about the report of the Analyst in the sanction order and as such it was not a valid sanction.

(3.) I have heard the learned Counsel for the parties and have gone through the record carefully.