GIAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482, Code of Criminal Procedure, read with Article 227 of the Constitution of India for quashing the complaint Annexure P-1, under Sections 3(k)(i), 17, 18 and 33 punishable under Section 29 of the Insecticides Act, 1968, read with rule 27(5) of the Insecticides Rules, 1971 (hereinafter called the Act and the Rules, respectively), as well as the subsequent proceedings arising therefrom.

(2.) BRIEF facts are that the complaint was filed by the State through Shri Jagdeep Singh Brar, Insecticides Inspector, Guruharsahai, in which it was alleged that Messrs Thakur Dass Gauri Shanker, Guruharsahai, Tehsil and District Ferozepur were dealing in insecticides and were holding a licence for the purpose issued by the Licensing Authority, that is, Chief Agricultural Officer, Ferozepur. The Insecticides Inspector, Guruharsahai along with Shri Sushil Kumar, Agriculture Inspector, Shri Pitamber Lal, Beldar in performance of his official duty in exercise of the power conferred upon him by the Act and the Rules visited the shop of Shri Gian Chand partner (petitioner in this case) of Messrs Thakur Dass Gauri Shanker, Guruharsahai, Tehsil and District Ferozepur, on December 13, 1989. Shri Ashok Kumar was present at the time of inspection. On intimation to him in writing that he was an Insecticides Inspector, Guruharsahai, drew the sample of Shivraon 75% of Batch No. 12 manufactured by Shivalik Agro Chemicals of Chandigarh on December 13, 1989. Three sealed packets of Shivraon 75% W.P. each weighing 500 grams of Batch No. 12 were taken for sample and seizure memo was prepared which was signed by Ashok Kumar of Messrs Thakur Das Gauri Shanker, Guruharsahai. These packets were put in ploythene bags. The sample was handed over to Ashok Kumar and receipt was taken in lieu thereof.

(3.) THE petitioner has alleged that his Firm was granted a licence under the Act by Chief Agricultural Officer for the purpose of selling different types of insecticides and the Insecticides Inspector took a sample of Shivron on December 13, 1989 from sealed containers of 500 grams each. When the sample was taken, the seal of 500 grams tin was intact and it was lying in the same state as purchased by him from the manufacturer. There is nothing on the record to show that the seal was ever tampered with. The petitioner being licensee is protected under sub-section (3) of Section 30 of the Insecticides Act, as the insecticides while in possession of the petitioner was properly stored and remained in the same state as and when the petitioner acquired it. The petitioner acquired the insecticides from a duly licensed manufacturer and could not have ascertained after exercising due and reasonable care that the said insecticides in any way contravened any provisions of the Act; rather the manufacturer informed the petitioner that the present insecticide was according to ISI specifications.