VIPIN KUMAR AGGARVAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. filed by the accused petitioner seeking quashment of the Criminal complaint under the provisions of the Insecticide Act 1968 (hereinafter referred to as the Act) and the rules framed thereunder and all subsequent proceedings taken thereon.

(2.) Annexure P-1 is the copy of the criminal complaint filed by the State through Insecticide Inspector against M/s Khalsa Seed Centre and its responsible person Bhupinder Singh (proprietor) being the dealer and M/s. Agro Chem Depest Company (India) Limited and its responsible person Vipin Kumar Aggarwal (proprietor), being the manufacturer. In the said complaint it was alleged that on 4.10.1995, the Agriculture Sub Inspector Malout visited the shop of M/s Khalsa Seed Centre, Malout and had drawn the sample of Fenvalerate 20% F.C.L. which was manufactured by M/s. Agro Chem Depest Company (I) Limited. It was alleged that one part of the sample was sent to the Analyst for analysis and as per his report the sample contained 14.74% of the active ingredient contents instead of 20%. It was alleged that copies of the Analyst's report alongwith show cause notice were sent to the dealer and manufacturer. It was further alleged that the second sample was got re-analysed through the Court and the Expert had again declared it as misbranded. It was alleged that sanction to prosecute the accused was obtained from the Joint Director of Agriculture. It was further alleged that by manufacturing and selling misbranded insecticide, the accused had violated the various provisions of the act and rules framed thereunder. It was alleged that accused Vipin Kumar Aggarwval being the proprietor of the manufacturing firm, was responsible person of the manufacturing firm was responsible person of the manufacturing firm, besides Amin-ulhaq Abbasi its Chief Chemist Annexure P-2 is the copy of the reply dated 19.3.1996 sent by M/s. Agro Chem Depest Company (India) Ltd. To the effect that another sample having the same manufacturing and expiry date was drawn from M/s. Singla Insecticides Gidderbaha and as per the report of the Central Insecticide Laboratory, Faridabad, the same was found to be as per standard.

(3.) In the present petition under Section 482 Cr.P.C. It was alleged by the petitioner that he was a Director of the company-M/s. Agro Chem Depest (India) Ltd. And that the company had appointed Mr. Amin-ul-Haq Abbasi, as its Chief Chemist. It was alleged that the criminal complaint and subsequent proceedings were liable to be quashed against the petitioner as the complaint was filed after the expiry of the period of limitation. It was further alleged that the petitioner could not be held liable as there was no allegation that offence was committed with the consent, connivance, knowledge or negligence of the petitioner. It was further alleged that the company had nominated Chief Chemist as the person responsible and as such the petitioner could not be prosecuted.