MONTARI INDUSTRIES LTD. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of the complaint dated 22.5.90 (Annexure P1) pending before the Sub Divisional Judicial Magistrate, Fatehgarh Sahib, District Patiala and all proceedings arising therefrom.

(2.) THE petitioner is an industrial unit manufacturing insecticides. As per averments made in the petition, one Ashok Chand Insecticides Inspector inspected the premises of M/s Chehal Kheti Sewa Centre, Sirhind, respondent No. 3 on 5.11.88 and took a sample of Milron 75 per cent W.P. of Batch No. 39, allegedly manufactured by the petitioner. The sample was sent for analysis to the Insecticides Quality Control Laboratory at Ludhiana. According to the analysis report submitted by the Senior Analyst of the Laboratory, the sample was misbranded as it did not conform to the ISI specification in respect of percentage of active ingredients test. On the basis of this report Shri Ashok Chand lodged a complaint under Sections 3(k)(i) and 39(1) of the Insecticides Act, 1968 hereinafter called the Act) read with Section 27(5) of the Insecticides Rules. 1971 copy of which is Annexure P2.

(3.) IN reply filed to the petition it was submitted that sample of the product was taken from the shop of M/s Chehal Kheti Sewa Centre, Sirhind but it was denied that the sample conformed to ISI specification. It was contended that a show cause notice was sent to the petitioner when the sample was found misbranded but the request of the petitioner to send the sample for re-analysis to the Central Insecticide Laboratory was not accepted as the power to send the sample for re-analysis is vested with the Court under Section 24(4) of the Act.