JOSAN KHAD STORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Cr.P.C. for quashing of complaint No. 47 dated 01.05.2010 under Sections 3(k)(i) 17, 18, 29 and 33 of Insecticides Act, 1986 read with Rule 27(5) of the Insecticides Rules, 1971 and also the proceedings arising therefrom. Briefly, the facts of the case as mentioned in the petition are that petitioner No. 1 is dealer and obtained licence for selling, stocking, exhibiting for sale of different types of Insecticides Pesticides. Petitioner No. 2 is proprietor of petitioner No. 1 -firm whereas petitioner No. 3 is distributor and petitioner No. 4 is proprietor of petitioner No. 3. The shop of petitioner No. 1 was inspected on 28.12.2006 by Inspector Gurbaj Singh and found 160 gm x 2 piroxofop -Propanyl 15% wp brand and drew the sample of Piroxofop -Propanyl 15% wp brand by selecting 160 gm bearing Batch No. KT 033 manufacturing date Dec, 05. The expiry date was recorded November 2007 and the same was manufactured by M/s B.R. Agrotech, New Delhi and supplied by M/s Atul Ltd. Agro Chemical Division, Valsaad Gujrat. Out of total stock, a sample of 16 gms was drawn and after dividing into three parts, one part of the sample was given to petitioner and two were kept by the Insecticide Inspector. One part of the sample was sent to Insecticide Testing Laboratory, Amritsar, which was found to be misbranded. On the basis of said report, a complaint was made on 01.05.2010 before the Court of Chief Judicial Magistrate, Moga and the petitioner and other accused were summoned.

(2.) THE complaint as well as summoning order has been challenged in the present petition by raising various grounds.

(3.) THIS view has been supported by the ratio of judgment of Hon'ble the Supreme Court in M/s Kishan Beej Bhandar, Abohar v. Chief Agricultural Officers, Ferozepur,, 1990 SCC (Crl) 623. The relevant portion of the judgment is reproduced as under: