A K CHAUHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this Cri. Misc. Petition No. 6271-M of 2000 filed under Section 482 of the Code of Criminal Procedure Ashok Kumar Chauhan (petitioner) has sought the quashing of complaint Annexure P-1 filed by the State of Punjab through Insecticides Inspector, Bareta, Distt. Mansa against (1) M/s. Garg Trading Company, Bareta, Distt. Mansa through its proprietor Sita Ram; (2) Delta Insecticides Limited, 1509, M.I.E. Bahadurgarh, Distt. Jhajjar through Surinder Kumar, (ii) A. K. Chauhan, Chemist of Delta Insecticides Ltd. under Sections 3(k)(i), 917, 18, 29, 30, 3(c) and 33 of Insecticides Act, 1968 and Rule 10 of Insecticides Rules, 1971.

(2.) On 2-7-93, the business premises of M/s. Garg Trading Co., Bareta was inspected by Shri Jagtar Singh Brar, Insecticides Inspector, Bareta. At that time, Shri Sita Ram proprietor of M/s. Garg Trading Co. was also present. Twenty litres of Anilophos 30% EC one litre pack bearing batch No. 23 manufacturing date 5/93 and expiry date 4/95 manufactured by Delta Insecticides Limited, 1509, M.I.E. Bahadurgarh, Distt. Jhajjar was found lying. Out of 20 litres of pack, one container was taken out. After shaking the said container, he opened its lid and then washed the 3 ISI marked empty containers supplied by the department of Agriculture with small quantity of Insecticide from the selected container and then filled these three ISI marked containers with insecticide from the selected container and then tightened the lids of the filled containers. Each of these 3 containers became a representative of the 20 litres of Anilophos 30% EC lying in the shop. After following the procedure as laid down in the Insecticides Act and the Insecticides Rules, 1971, he prepared 3 samples. He sealed those samples. One sealed sample and Form No. XII was handed to Sita Ram proprietor for record. Sample was sealed with the seal of the Insecticides Inspector. Payment of the sample was made as per bill to Sita Ram proprietor of the firm. Remaining two samples were deposited in the office of Chief Agriculture Officer, Mansa intact. Out of these two samples, one sample was sent by Chief Agricultural Officer to the Insecticides Testing Laboratory, Ludhiana. Senior Analyst, Insecticides Testing Laboratory, Ludhiana on 16-8-93 found the sample as not conforming to the ISI specifications with respect to its present active ingredient contained from which it was clear the Anilophos 30% EC was misbranded under Section 3(k)(i) of the Insecticides Act, 1968 as the sample contained only 24.91% active ingredient contents of Anilophos instead of 30% EC. It was reported that in this manner the claim of label of insecticides packages of Anilophos 30% bearing batch No. 23 was not met with.

(3.) Shri A. K. Chauhan has prayed for the quashing of this complaint insofar as he is concerned on grounds that he worked as Chemist in Delta Insecticides Limited, 1509, M.I.E. Bahadurgarh, Distt. Jhajjar with registered office at Delhi upto 31-12-95. This company manufactures various kinds of insecticides and pesticides and is duly licensed in this regard. It has its own laboratory in the factory premises approved by the Govt. of India which tests each and every lot of insecticides and pesticides before the sale in the market as manufactured by the company. No scope is left for the issuance of misbranded insecticides and pesticides for sale in the market by the said company. He submitted resignation from this company Annexure P-2 wherby he prayed that his resignation be accepted forthwith and he be released from the official responsibilities of all kinds of this company. His resignation was accepted. He was relieved from 31-12-95 by the Director Delta Insecticides Pvt. Limited, Delhi and he joined another company as Production Manager with effect from 1-1-1996. Director of the company is already being prosecuted for the alleged violation by Delta Insecticides Limited, 1509, M.I.E. Bahadurgarh, Distt. Jhajjar. No useful purpose would be served by prosecuting him who was only a Chemist in Delta Insecticides Limited, 1509, M.I.E. Bahadurgarh, Distt. Jhajjar and who has already left the services of Delta Insecticides Limited, 1509, M.I.E. Bahadurgarh, Distt. Jhajjar. When he submitted resignation with effect from 31-12-95, he was no more responsible under Section 33 of the Insecticides Act for Delta Insecticides Limited, 1509,M.I.E. Bahadurgarh, Distt. Jhajjar which is the manufacturer of the insecticides sampled in this case. Shri Surinder Kumar, Director of Delta Insecticides Limited, 1509, M.I.E. Bahadurgarh, Distt. Jhajjar is already being prosecuted on behalf of Delta Insecticides Limited, 1509, M.I.E. Bahadurgarh, Distt. Jhajjar. It is unjust to prosecute him who is an ex-Chemist of Delta Insecticides Limited, 1509, M.I.E. Bahadurgarh, Distt. Jhajjar.