ANIL KAPOOR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 of Code of Criminal Procedure, 1908, petitioner has sought quashing of complaint No.COMA/267/2017, instituted on 11/5/2017, filed under Ss. 3 K (I) 17, 18, 29, 33 of the Insecticide Act, 1968 (hereinafter referred as 1968 Act), punishable under Sec. 29(1) (9) of The Insecticides Act, 1968 (for short 'the Act') and The Insecticides Rules 1971 as well as summoning order dtd. 9/6/2017 passed by learned Chief Judicial Magistrate, Jalandhar besides, all subsequent proceedings arising therefrom.

(2.) Brief facts of the case as noted in the complaint are that Gurcharan Singh- complainant/Insecticide Inspector, Bhogpur (now posted as Agri. Dev. Officer Enf. Jalandar), in exercise of powers conferred upon the him vide government notification No. S 090/ C.A./46/68-S-20/91 dtd. 30/10/1991, while performing official duty, inspected the shop of M/s G. S. Fertilizer Mill Road, Bhogpur, Distt. Jalandhar along with Sh. Viney Kumar A.O. Bhogpur on 6/7/2013. Complainant disclosed his identity as Insecticide Inspector Bhogpur and intended to take sample from the shop of Kulwant Singh, Proprietor of the accused firm G S Fertilizer, Mill Road Bhogpur, Distt. Jalandhar, who was present at the time of inspection. Thereafter, complainant gave intimation in form XX (Annexure C-2) for the purpose of sampling. Complainant inspected the stock register and put his initial on it and verified the stock of the accused firm in respect of Butachlor 50% EW which was manufactured by Sumil Chemicals Pvt. Ltd. Samba (J&K). According to stock register there were 40 packings of 5 litres each. For the purpose of sampling in exercising power conferred upon him under Sec. 21(1) (e) in the 1968 Act and duties vide Rules 27(3) of the Insecticide Rules 1971, complainant selected one packing of (5 litre) Butachlor 50% EW bearing Batch no.SC. 0121 manufacturing date 29/3/2013 and expiry date 28/3/2015. Complainant opened the packing of above said insecticide and took about 600 ml of Butachlor 50% EW for the purpose of sampling; poured in 3 containers of 200 ml each and closed it tightly. Out of three portions of sample, one was given to Kulwant Singh for testing the same in Insecticide Laboratory, Bathinda; whereas other two portion of samples of above said insecticide were kept by complainant.

(3.) The Senior Analyst, Insecticide Testing Laboratory, Bathinda after analysing the sample, gave its report dtd. 18/7/2013 which was received in the office of Chief Agri. Officer Jalandhar with the remarks that the "same did not confirm the I.S.I. specifications in respect of ingredients 50% EW found 47.87 % EW", thus the sample was misbranded, regarding which a complaint was filed on 11/5/2017 and Learned CJM, Jalandhar passed the summoning order on 9/6/2017.