CHEMINOVA INDIA LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. for quashing the complaint titled as State through Sh. Gurmit Singh Cheema, Insecticide Inspector, Fazilka vs. M/s P.B. Pesticides and others (Annexure P/7) filed for offence under Section 3 (k) (1), 17, 18 and 33 Punishable under Section 29 (1) of Insecticides Act, 1968 read with Section 27 (4) of the Insecticides Rules, 1971.

(2.) ON 9.1.2007, Insecticide Inspector, Fazilka visited the premises of petitioner No.1 and took the sample of Piroxifop Propinyl 15% WP. The sample was sent to Punjab Insecticides Quality Control Laboratory, Ludhiana and vide report dated 7.2.2007 (Annexure P/4), it was found misbranded. The report is as follows : -

(3.) THE Chief Agriculture Officer, Ferozepur issued notice dated 20.2.2007 (Annexure P/5) to the petitioner No.1 for violation of the provisions of Insecticide Act, 1968 and Rules, 1971. The report of Central Insecticides Laboratory, Faridabad dated 10.8.2007 (Annexure P/6) regarding sample taken from the premises of petitioner No.1 was received which also declared the sample as not conforming to the relevant specification in the active ingredients contents and thus misbranded. The complaint (Annexure P/7) was filed by the Insecticide Inspector on 29.1.2013 in the Court of Chief Judicial Magistrate, Fazilka.