CHEMINOVA INDIA LTD. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This common order shall dispose of above mentioned three petitions as they are similar in nature and arise out of the same complaint and seek similar reliefs. However, for the sake of convenience, the facts are being extracted from CRM-M-11903-2018.

(2.) The instant petition has been filed by the petitioners under Sec. 482 of Code of Criminal Procedure (for short 'Cr.P.C.')[which is pari materia with Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023]seeking quashing of Criminal complaint bearing No. 11 of 2018, titled as State vs. M/s Gill Pesticides and others, pending before the Court of learned Chief Judicial Magistrate, Moga as well as for quashing of order dtd. 29/1/2018 passed therein, whereby the petitioners and respondent Nos. 3 to 7 (who are in fact petitioners in other two petitions) were ordered to be summoned as accused to face trial for commission of offences punishable under Ss. 3(k)(i), 17, 18, 29 and 33 of the Insecticide Act, 1968 (for short 'the Act, 1968').

(3.) Brief facts of the case relevant for the purpose of disposal of the present petitions are that the aforementioned complaint has been filed through the Insecticide Inspector, Moga on the allegations that Jasvir Singh, proprietor of M/s Gill Pesticides was dealing with selling and stocking of insecticides and pesticides. A license was obtained by him for running this business. On 21/7/2011, the Insecticide Inspector along with other officials had visited the shop of M/s Gill Pesticides and had checked its stock register. 64 bags of Cartap Hydrochloride 4% G were found lying in the stock, which were manufactured and supplied by petitioner No. 1-M/s Cheminova. The complainant purchased 750 grams of Cartap Hydrochloride 4% G on the same day. A sample was drawn in accordance with the provisions laid down in the Act, 1968. The bags containing the samples were sealed. One sample was handed over to the proprietor of M/s Gill Pesticides. Two sealed samples were kept by the Insecticide Inspector. One of them was sent to the Insecticide Testing Laboratory, Amritsar, vide letter No. 38 dtd. 25/7/2011 and was deposited with the laboratory on the same day. Its report was received on 28/7/2011, as per which, the sample was declared to be misbranded as it did not conform with the IS specifications with respect to percentage active ingredient content as instead of 4%, the active ingredient contained therein was found to be only 3.66%. In view of the same, sanction to launch prosecution was obtained. Show cause notice was sent to Jasvir Singh, proprietor of M/s Gill Pesticides under the provisions of Sec. 24(2) of the Act, 1968. Simultaneously, show cause notices were issued to petitioner No. 1 and M/s Crop Chemical India Ltd. They filed replies to the notices. By alleging that M/s Gill Pesticides and its directors, who were sellers of the insecticide, M/s Crop Chemical India Ltd., who was manufacturer and petitioner No. 1 and its directors, who were marketers/distributors of the said insecticide, had committed offences under Ss. 3(k)(i), 17, 18, 29 and 33 of the Act, 1968, prayer was made for summoning them to face trial for commission of aforementioned offences and thereafter, the impugned summoning order dtd. 29/1/2018 had been passed.