SIRI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) M /s. Siri Ram Jass Raj Citi Bazar, Malout filed the present petition through its partner Smt. Jamna Devi under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing impugned complaint Annexure P -1 pending in the Court of Judicial Magistrate Ist Class, Gidderbaha and further proceedings arising out of the same.

(2.) THE petitioner firm has obtained a licence from the competent authority for the purpose of selling, stocking and exhibiting insecticides. As per allegations made in the complaint Annexure P -1 on 30th July, 1990 Insecticide Inspector Mohinder Singh Gill visited the shop of the petitioner with an intention to draw the sample of Monocrotophos. At that time Jass partner of the firm was present and he was having 36 litres stock of the insecticide. Three samples of 250 mls each were seized and were sealed as per rules. One sealed sample was handed over to Jass Raj and one was deposited with Agriculture Inspector Faridkot. The third sample was sent to Insecticide Laboratory, Ludhiana. After testing the sample it was reported that the sample was misbranded. The manufacturers and dealers of the insecticide had violated the provisions of Section 3(k), 17, 18, 29 and 33 of the Insecticides Act, 1968 (the Act for short). Thus the complaint was filed against them.

(3.) THE petitioner assailed the complaint on the ground that the insecticides were acquired from a licensed manufacturer and even after exercising due diligence the petitioner could not have ascertained that the insecticides in question contravened any of the provisions of the Act. These were properly stored and remained in the same state and the petitioner was thus protected under Section 30(3) of the Act. It was further pleaded that the complaint was filed after a long delay and when the petitioner received notice of the complaint, shelf life of the sample had already expired. The petitioner was thus deprived of an opportunity of getting the sample re -analysed from the Central Insecticides Laboratory. Necessary sanction for institution of prosecution against the petitioner was also not obtained and in the absence of sanction the entire proceedings were liable to be quashed.