N S BAWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. for quashing Complaint No.14 -2 under Sections 3 (K) (i), 17, 18 and 33 punishable under Section 29 of the Insecticide Act, 1968 and Rule 27 (5) of the Insecticide Rules, 1971 and the summoning order dated 08.01.2008 (for short to be described as 'the Act')

(2.) IT is stated that petitioner was impleaded as accused No.4 in the complaint to make him vicariously liable in terms of Section 33 of the Act but he has not been ascribed any specific role in accordance with the requirements of law in the commission of the offences.

(3.) THE facts briefly are that Insecticides Inspector visited the shop of M/s. Punjab Agricultural Traders impleaded as accused No.1 and 2, on 10.11.2006 where stock of Mancozeb 75% WP was kept. 01 Kg. Mancozeb 75% WP bearing specific batch number and manufacturing date was taken for analysis and put in three polythene bags weighing 250 gms. each. The essential procedure as required by law was adopted. In the analysis report the insecticide was found misbranded as sample was not conforming to the ISI specifications in regard of percentage of its being 66.27% instead of 75% active ingredients. Accused No.3 M/s. Indofil Chemicals Company is the manufacturer of this insecticide. Petitioner was impleaded as an accused being Deputy General Manager and S.N. Upadhaya, Head Quality Assurance as persons responsible officer for the conduct of business of the company. H.V.S. Chauhan, Executive Vice President of the company was also impleaded as accused No.5.