P.B. PESTICIDES 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 v. M/s. P.B. Pesticides and others, (Annexure P/6) filed for offence under Section 3(k)(i), 17, 18, 29 and 33 punishable under Section 29(1) of Insecticides Act, 1968 read with Section 27(4) of the Insecticides Rules, 1971. 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/1), it was found misbranded. The report is as follows:-

(2.) The Chief Agriculture Officer, Ferozepur issued notice dated 19.2.2007 (Annexure P/2) to the petitioner No. 1 for violation of the provisions of Insecticide Act, 1968 and Rules, 1971, reply of which was submitted on 3.3.2007 (Annexure P/3). The report of Central Insecticides Laboratory, Faridabad dated 10.8.2007 (Annexure P/4) 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 Joint Director Agriculture (Plants Protection), Punjab, Chandigarh gave the consent vide letter dated 21.12.2011 (Annexure P/5) for filing of complaint against the petitioners. The complaint (Annexure P/6) was filed by the Insecticide Inspector on 29.1.2013 in the Court of Chief Judicial Magistrate, Fazilka.

(3.) Learned counsel for the petitioners has argued that complaint in this case has been filed much after the expiry of the period of limitation as provided under Section 468 Cr.P.C. The report of the Punjab Insecticide Quality Control Laboratory, Ludhiana (Annexure P/1) is dated 7.2.2007 and that of Central Insecticides Laboratory, Faridabad is dated 10.8.2007. Under Section 29(i) of the Insecticides Act, 1968 the maximum sentence which can be awarded is two years and fine of 50,000/-. The complaint could be presented within a period of three years from the date of commission of alleged offence. The complaint has been filed much after the expiry of the period of limitation, as such, is liable to be quashed.