ZAMIDARA PESTICIDES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Om Parkash, who is the sole proprietor of firm M/s. Zamidara Pesticides, Abohar, which deals into the sale and stocking of packed pesticides of various companies, has filed the present petition under Section 482 Cr.P.C. for quashing the complaint dated 6.2.1998 (Annexure P-2) Act, 1968 (hereinafter referred to as 'the Act') read with rules 27(5) of the Insecticides Rules, 1971, by Insecticides Inspector, which is pending in the Court of Sub Divisional Judicial Magistrate, Abohar with a further prayer for quashing the consequent proceedings qua him arising thereform.

(2.) The brief facts of the case are that the petitioner is a whole sale dealer, who deals in sale and stocking of various insecticides and pesticides manufactured by different companies. The petitioner was granted licence by the Chief Agriculture Officer, Ferozepur for the purpose of selling different types of pesticides manufactured by different licensed manufacturers. On the basis of that licence, the petitioner is selling, stocking and exhibiting for sale different types of insecticides and pesticides including that manufactured by M/s. Union Farmaid Private Limited, New Delhi. The petitioner further sold the pesticide manufactured by the aforesaid firm to M/s. Punjab Pesticides Khuian Sarwar, District Ferozepur, from whose shop the sample of the pesticide in question was taken by the Insecticide Inspector on 3.10.1996. On that day, the Insecticide Inspector drew the sample of Oxydomiton Methyle 25% EC manufactured by M/s. Unique Farmaid Private Limited, New Delhi in three original packed containers of Oxydomiton Methyle 25%, each containing 500 MLs. The said sample was sent to the Central Insecticide Laboratory, Government of India, Faridabad where the same was found misbranded as it was not in conformity to the relevant ISI specification in active ingredients/percentage as the sample contained 19.9% EC instead of 25% EC. In view of this report of the Analyst, after obtaining the necessary sanction from the competent authority, the Insecticides Inspector filed the complaint in question against three persons, namely, M/s. Punjab Pesticides Khuian Sarwar (sub-dealer), M/s. Zimidara Pesticides, Abohar (dealer) and M/s. Unique Framaid Private Limited, New Delhi (manufacturer) for committing an offence under Sections 3 (k) (1), 17, 18, 29, and 33 of the Act. All the accused named in the complaint were summoned to face trial.

(3.) The petitioner, who is dealer, filed the present petition for quashing complaint dated 6.2.1998, Annexure P-2, on the ground that he is licensed dealer and has been granted licence by the Chief Agriculture Officer, Ferozepur, authorising him to sell and store all the insecticides and pesticides manufactured by M/s. Unique Farmaid Private Limited, New Delhi and other licensed manufacturers. It is submitted that he purchased the insecticide from the licensed manufacturer against the valid bill and was selling the same in its original packing and condition, as obtained by him from the manufacturer. When the sample was taken from the sub dealer to whom he sold the pesticide, seal of the containers containing the insecticide was intact. It has been clearly mentioned in the complaint itself that the sample was taken in three original packed containers. It is averred that the stock of the insecticide was properly stored by the petitioner and the same was always kept in the same condition in which it was acquired from the manufacturer. There is no allegation or averment in the complaint that the petitioner was selling the insecticide in loose condition and the same was not stored in a proper condition or manner. In these circumstances, the petitioner submitted that he is entitled to protection under Section 30(3) of the Act, as he has not committed any offence and the continuation of criminal proceedings against him is nothing but an abuse of the process of the Court.