ANAND FREDRICK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Criminal Misc. -M Nos. 22217 of 2011 (Anand Fredrick versus State of Punjab) and 23692 of 2011 (Anand Fredrick versus State of Punjab).

(2.) The petitioner seeks quashing of criminal complaint No. 94-2 dated 27.01.2010 (in criminal Misc. M- No. 22217 of 2011) and criminal complaint No. 280-2 dated 13.08.2008 (in criminal Misc.-M No. 23692 of 2011) filed under Sections 3 (k) (i), 17, 18 and 33 punishable under Section 29 of Insecticides Act, 1968. As per the petitioner, he cannot be held vicariously liable because he had already resigned as Director of the Company by the time the incident took place and as such he cannot be made responsible in any manner for the allegation made in the complaint.

(3.) On 20.07.2007, the Insecticides Inspector took sample of Cartap Hydrocholride 4% G Batch No. 0706147, Manufacture date 6/07, expiry date 5/09, manufactured by M/s Agrimas Chemical Ltd. and marketed by M/s Chambel Fertilizers and Chemical Limited. In second case i.e. Criminal Misc.-M No. 23692 of 2011, the samples were taken on 28.07.2005. The said samples were sent to laboratory for testing/analyzing and the same were declared misbranded with remarks "the sample does not conform to the IS specifications in respect of its percentage active ingredient contents". It is stated that the active ingredients contents were only 3.50%. A copy of the analysis report is annexed with both the petitions as Annexure P-2.