SUKHMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 482, Cr.P.C. has been filed by the petitioner who at the relevant time was working as Insecticides Inspector, Nabha, Distt. Patiala, and presently working as Agriculture Development Officer, Bhadson, Teh. Nabha, Distt. Patiala, for expunging the remarks made against him in order dated 2.6.1993 in case "State v. Nahar Singh etc." passed by Sub-Divisional Judicial Magistrate, Nabha.

(2.) IN the year 1987, petitioner was posted as Insecticides Inspector, Nabha, District Patiala. On 22.12.1987, petitioner along with Daljit Singh, Inspector, inspected the premises of M/s Sharma Pesticides and Fertilizer, Bouran Gate, Nabha and took sample of Pestolon-50 (ISO Proturon 50% WP) weedicide manufactured by M/s Pesto Chemicals India, Delhi, in the presence of the representative of the firm. According to the petitioner, out of three sealed packages in which sample of Pestolon was drawn, one package was handed over to the representative of the firm one such package was sent to the Department of Agriculture, Punjab, Insecticide Quality Control Laboratory, Ludhiana, after getting it entered in the register of Chief Agricultural Officer, Patiala, and the third sample was deposited with Chief Agricultural Officer, Patiala, as receipt of sample. On analysis, the same was found to be misbranded and accordingly, complaint was filed by the petitioner against the dealer and the manufacturer. Manufacturer preferred a petition under Section 482, Cr.P.C. which was allowed and proceedings against the manufacturer were quashed. Complaint proceeded against the dealer, and the trial Court found sufficient ground to proceed against Nahar Singh and Dinesh Kumar. There were charged accordingly. They pleaded not guilty to the charge and claimed trial. Dinesh Kumar and Nahar Singh preferred petition under Section 482, Cr.P.C. for quashing of complaint and the charge. This court vide order dated 8.1.1993 quashed the complaint against Dinesh Kumar, but as regards Nahar Singh, petition for quashing was dismissed. The Sub-Divisional Judicial Magistrate, Nabha, vide his judgment/order dated 2.6.1993 acquitted the accused, Nahar Singh but in the concluding paragraph, gave following remarks against the petitioner:

(3.) ACCORDINGLY , I allow this petition and as a result thereof, direct that remarks recorded against the petitioner by the Judicial Magistrate in his judgment dated 2.6.1993 in case "State v. Nahar Singh" shall stand expunged. Petition allowed.