D K JHAVER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, for quashing complaint annexed as annexure P-1 with this petition, under Sections 3 (k) (i), 17, 18, 29 and 33 of the Insecticides Act, 1968, read with Rule 27 (5) of the Insecticides Rules, 1971, and for quashing consequent proceedings arising therefrom.

(2.) BRIEFLY stated, the facts giving rise to this petition are that the petitioner is a director of a firm. Tropical Agro Systems Pvt. Ltd. , Madras, who is a manufacturing concern and is manufacturing monocrotophos 36 per cent. Vipan Kumar Sanjay Kumar, New Grain Market, Faridkot, is a licensee for the purpose of selling, stocking, exhibiting insecticides and the said firm has obtained licence for that purpose which was issued by the Chief Agricultural Officer, Faridkot. Tropical Agro Systems Pvt. Ltd. has also obtained a licence and is authorised to manufacture monocrotophos. In the licence issued to the said firm, the manufacturer's name is added, authorising him to sell the product being manufactured by Tropical Agro Systems Pvt. Ltd.

(3.) A sample of monocrotophos 36 per cent. was obtained by the Insecticides Inspector, Faridkot, on July 24, 1990, from the shop of Vipan Kumar Sanjay Kumar, Faridkot. After analysis, the active ingredient contents were found to the extent of 45. 10 per cent. instead of 36 per cent. The sample did not conform to the ISI specifications in respect of percentage active ingredient contents.