RAM MURTI GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS deal in sale and distribution of insecticides/pesticides at Grain Market, Arpa, in Jalandhar under duly issued licence by the Licensing Authority i.e. Chief Agriculture Officer, Jalandhar, under section 13 of the Insecticides Act, 1968 (in short, the Act), read with the Insecticides Rules, 1971. On 30.5.1991, the Insecticides Inspector took a Sample of "Thunder-50"% EC (Betachlor), registered at No. CIR-96/83 Batachlor (EC) - 36. The sample was tested by the Senior Analyst of State Insecticide Quality Control Laboratory, Ludhiana and found to be misbranded. In consequence of the analysis, licence of the petitioner was cancelled and also a complaint under sections 3(b)(i), 17, 18, 29 and 33 of Insecticides Act, 1968, read with Rule 27(5) of the Insecticide Rules 1971, was filed.

(2.) THE present petition has been filed for quashing of the aforesaid complaint on the ground that order vide which licence of the petitioner was cancelled, has been set aside by the Deputy Director of Agriculture, exercising the power of Appellate Authority under section 15 of the Act, vide order dated 31.8.1992. Thus, according to the petitioner, complaint is liable to be quashed as the finding with regard to misbranding of the sample has been set aside. Counsel for the State has fairly conceded that the Appellate Authority has allowed the appeal of the petitioner and set aside the order vide which licence of the petitioner was canceled. Order dated 31-8.1992 of the Deputy Director, Agriculture, Punjab, has been annexed as Annexure P-7 to the petition. From a reading of the said order, I find that the appellate Authority after scrutiny of the case, came to the conclusion that the failure of the sample being sub-standard/misbranded was not on account of fault of the dealer, but because of manufacturing defect. Thus, I am of the view that the complaint (Annexure P-8) is liable to be quashed. For this, I find support from judgments reported as Birbal v. State of Punjab, 1993(1) Recent Criminal Reports 687 and judgment of Supreme Court in M/s Kissan Beej Bhandar Abohar v. Chief Agriculture Officer, Ferozepur, decided on 10.11.1989, in S.L.P. No. 4612 of 1989.