ASHOK KUMAR CHAUHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. seeks quashing of the complaint under the Insecticide Act, 1968, Annexure P-1, summoning order Annexure P-2 and consequential proceedings arising therefrom.

(2.) AT the relevant time, the petitioner was working as Manager, Quality Control in Delta Insecticides Limited, Delhi. This company manufactures various kinds of insecticides and pesticides and is having valid licence in this regard. The company tests each and every lot of insecticides and pesticides before sale in the market. The petitioner worked in the above said company upto 31.12.1995. On 26.12.1995, he tendered his resignation which was accepted on 31.12.1995. Thereafter, he joined as Production Manager with Tropical Aggro system (India) Limited, New Delhi, with effect from 01.01.1996.

(3.) A perusal of the aforesaid facts would show that by the time summoning order had been issued, the expiry date of the insecticide had already expired. Consequently, valuable right of the petitioner under Section 24 of the Act ibid, has been prejudiced. In similar circumstances, the Hon'ble Supreme Court in the case of State of Haryana v. Unique Farmaid P. Ltd., 1994(4) RCR(Criminal) 540, has quashed the proceedings pending in the Court.