RAKESH SANWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed under Section 482 of the Code of Criminal Procedure seeks quashing of complaint dated 9.4.1996 (Annexure P-1) for prosecution of the petitioners under Section 3(k)(i) read with Sections 17, 18, 29 and 33 of the Insecticides Act, 1968 and also Rule 27(5) of the Insecticides Rules, 1971 (hereinafter to be referred as the Act and the Rules respectively).

(2.) THE facts necessary for deciding the controversy may briefly be mentioned. On 18.7.1994, Insecticide Inspector, Bhatinda, Shri Prithipal Singh inspected the shop of M/s Rallis India Limited, Bhatinda in the presence of Bikkar Singh an Agricultural Officer, Bhatinda. At the time of inspection, Shri Rakesh Sanwal, one of the petitioners who is Area Sales Manager of M/s Rallis India Limited was present. The Insecticide Inspector selected 3 pieces of Acephate 75% SP in the packing of 250 grams each out of the lot of 2560 packets. Three packets picked up by the Insecticide Inspector bore Batch No. B-3 with dates of manufacturing January, 1994, Expiry December, 1995 inscribed on it and also declaring that it was manufactured by M/s Rallis India Limited, Bombay. Three packets were purchased by the Insecticide Inspector and consent of the dealer was taken before taking the sample. Various other formalities like preparing of Form No. XII and XIII, signing by the Area Sales Manager Shri Rakesh Sanwal on Form No. XII, packing of the three samples in polythene bags and then putting the bags in three separate cloth bags along with Form No. XIII and sealing the same with the Inspector Seal No. 1.1/1/Bti were undertaken. One sealed sample and Form No. XII was handed over to Shri Rakesh Sanwal and the remaining two samples were deposited in the office of Chief Agricultural Officer, Bathinda along with Form Nos. XII and XIII. The Chief Agricultural Officer sent the sample along with Form No. XIII to the Central Insecticides Laboratory, Faridabad (for brevity, CIL) on 21.7.1994 for analysis through a registered parcel. The test report of the sample was received from the Scientific Officer, CIL vide his letter No. Chem/CIL/Pb/94-95/1/RIS dated 24.8.1994. The test report was received in the office of Chief Agricultural Officer, Bhatinda on 9.9.1994 and the sample was declared misbranded as it did not conform to the specification in the active ingredients which were found to be 67.9% instead of 75% SP.

(3.) IT is alleged that Shri Rakesh Sanwal, Area Sales Manager of M/s Rallis India Limited, Bhatinda committed an offence under Section 18 read with Section 3(k)(i) of the Act by selling misbranded insecticide. It was further alleged that Shri Hardip Singh, Director and Shri I.J. Vernal, Chief Chemist of M/s Rallis India Limited, Bombay, the manufacturing firm have committed an offence under Sections 17, 18 and 33 of 1968 Act by formulating and supplying misbranded insecticide.