BANGALORE PESTICIDES LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Criminal miscellaneous petition is directed by M/s Bangalore Pesticides Ltd. and others under Section 482 Cr.P.C., read with Article 227 of the Constitution of India, for quashing and setting raising criminal case No. 116 of 1995 titled State v. M/s Gagan Agro Chemicals and others under Sections 3(K)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the 'Act') read with Rule 27(5) of the Insecticides Rules 1971, (Annexure P-5) pending in the Court of Chief Judicial Magistrate, Faridkot.

(2.) Briefly stated, the facts are that petitioner No. 1 is a public limited company and is engaged in the manufacture of various insecticides/pesticides for the last 26 years and has been marketing the same throughout the country. It is stated that the products manufactured by petitioner No. 1 enjoyed a very high reputation in the market because of their quality and purity. One of the insecticides manufactured by petitioner No. 1 is Phorate 10% CG.

(3.) It is further stated that on 15.6.1995, Shri Resham Singh Insecticides Inspector Kotkapura along with Gurdev Singh, Assistant Plant Protection Officer, Faridkot, Harsangeet Singh and Sukhwant Singh Agriculture Development Officers, Faridkot, visited the shop of M/s Gagan Agro Chemicals, Kot Kapura, where Tulsi Dass proprietor of the aforesaid firm was present. Complainant Resham Singh drew sample of Phorate 10% CG manufactured by petitioner No. 1 bearing batch No. 314 with date of manufacturing as January 1995 and the date of expiry indicated as December 1995. Three samples of Phorate 101/6 CG were taken i.e. 1Kg. of original packing each after observing the necessary formalities. One part of the sample was sent to Senior Analyst Insecticides Testing Laboratory, Amritsar on 23.6.1995 and the said Laboratory vide its report dated 11.7.1995 declared the sample as misbranded as the same did not conform to ISI specifications.