SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of the complaint dated April 19, 1993 filed under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act). A copy of the complaint has been appended as Annexure P.6 with the present petition.

(2.) AS per the averments made in the complaint, on July 24, 1992, the Insecticide Inspector visited the premises of M/s. Cheema Kheti Sewa Centre, Talwandi Gate, Raikot, District Ludhiana. A sample of phorate 10% was taken. The same was got analysed and was found to be misbranded. Accordingly, a show cause notice dated October 9, 1992 (Annexure P.3) was served upon the dealer as well as the manufacturers. A reply to the aforesaid show cause notice dated October 29, 1992 was sent by M/s. Bharat Insecticides Limited who was the distributor of the aforesaid pesticides manufactured by M/s. Heena Pesticides, petitioner No. 3. In the aforesaid reply, the said distributor specifically showed its intention to get the said insecticides analysed under the provisions of Section 24(3) of the Act from the Central Insecticides Laboratory.

(3.) ALTHOUGH , the reply had clearly indicated the intention of the accused to get the sample re-analysed under the provisions of the Act from the Central Insecticides Laboratory but no action whatsoever was taken by the concerned authorities. Ultimately consent dated February 2, 1993 (Annexure P.5) was obtained from the competent authority and thereafter a complaint was filed before the learned trial Magistrate.