BHAI MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 482, Cr. P.C. for quashing the complaint, Annexure P11, pending before the Chief Judicial Magistrate, Gurdaspur and all proceedings arising there from.

(2.) The petitioners are Managing Director and Sales Manager of M/s. Montari Industries Limited, a registered company having its head office at village Toansa, Tehsil Balachaur, District Hoshiarpur. M/s. Montari Industries manufacture weedicide. The complaint Annexure P/i was filed against the petitioners and others on the allegations that on 17/12/1987 Shri Lakhbir Singh, Insecticides Inspector, inspected the premises of M/s. S.S. Aggarwal & Company, G. T. Road, Mandi, Gurdaspur and took a sample of Milron 7S% WP (Isoproturon) which were alleged to have been manufactured by Montari Industries Limited. One of the sealed packets containing samples, was sent to Senior Analyst, Insecticide Testing Laboratory, Ludhiana and in the test report it was stated that the sample did not conform to 151 specification in respect of its percentage of active ingredient contents. On the basis of this report a complaint was lodged against the petitioners and others under Sections 5(k)(i), 17, 18,29 and 33 of the Insecticides Act, 1968 (Act for short) read with Rule 27(b) of the Insecticides Rules, 1971.

(3.) Before filing of the complaint a show cause notice was served on M/s Montari Industries Limited on 17/3/1988 to which Shri B.B. Nagpal, Secretary, had duly filed a reply on 22/3/1988. Thereafter nothing was heard in the matter by M/s. Montari Industries. The petitioners came to know of the complaint only on 16/11/1990.