VINEET BHUSHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, relates to quashment of complaint under Sections 3(k)(i), 17, 18, 29 and 33 of Insecticides Act, 1968, read with Rule 27(5) of the Insecticides Rules, 1971 dated June 6, 1994 (Annexure P1), the summoning order dated April 7, 1995 (Annexure P2) passed by the Chief Judicial Magistrate, Gurdaspur, and all consequential proceedings arising therefrom.

(2.) IN brief, the facts of the case are that Mr. Kulvinder Singh, Insecticides Inspector, Batala, inspected the premises of respondent No. 2 on June 14, 1993 and took three samples of Anilofos 30% EC. The samples were manufactured by M/s Kisan Chemicals, of which the petitioner is the Assistant Manager. The batch number of the samples was 34 while the manufacturing and the expiry date were February 1993 and January 1995, respectively. After conducting usual formalities, one sample was given to respondent No. 2 and the other two samples were deposited in the office of Chief Agricultural Officer, Gurdaspur. One sample was sent to the Senior Analyst, Insecticide Testing Laboratory, Ludhiana on June 21, 1993. As per test report dated August 11, 1993, the sample was not upto the required specifications as it contained 27.88% active ingredient instead of 30%. In rest of the tests, the sample satisfied the requirements of ISI specifications.

(3.) IT has also been mentioned that two samples of the same product and of the same batch number were taken by Sardar Balvinder Singh, Insecticides Inspector, Sangrur. On analysis, the same were found to be of the prescribed standard.