AGGARWAL & COMPANY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 25.6.1987 Shri Gulzar Singh, Insecticide Inspector, Amritsar inspected the premises of the petitioners and took a sample of Butachlor 50% EC of Batch No. 20 manufactured by M/s. United Pesticides, Ambala. The sample was got analysed and Insecticide Analyst found the same to be sub-standard as it contained 24.34% active ingredients as against 50% EC. A complaint was thus filed against the petitioner in the court of Chief Judicial Magistrate, Amritsar. The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure for quashing the criminal complaint dated 15.1.1988 Annexure P-1 under Section 17, 18, 3K and 33 of the Insecticides Act, 1968 and summoning order Annexure P-2.

(2.) IT was averred by the petitioner that the complaint was filed without obtaining sanction from the competent authority to launch prosecution. The Inspector also did not comply with the mandatory provisions of Section 22(6) (ii) of the Insecticides Act while taking sample.

(3.) I have heard the counsel for the parties.