GARG FARM SERVICE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition, filed under Sec. 482 of the Code of Criminal Procedure, is for quashing of Complaint bearing No. COMA/304/2019, dtd. 5/7/2019, titled as State vs. M/s Garg Farm Services and others, filed under Ss. 3k(1), 17, 18, 29 and 33 of the Insecticides Act, 1968 (for short 'the Act, 1968) read with Rule 27 of the Insecticides Rules, 1971 along with all the subsequent proceedings having emanated therefrom including order dtd. 6/9/2019, passed by the Court of learned Judicial Magistrate First Class, Talwandi Sabo, Bathinda, whereby the petitioners had been summoned to face trial in the aforesaid complaint.

(2.) Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned complaint had been filed by the respondent-State against six persons/firms, who were either dealer, supplier, distributor or manufacturer under the provisions of the Act, 1968. The present petitioners are accused Nos. 1 and 2 in the impugned complaint.

(3.) As per the allegations made in the impugned complaint, on 3/7/2018, the complainant-Mr. Jaideep Singh, Insecticide Inspector inspected the shop of M/s Garg Farm Services. During inspection, petitioner No. 2-Ajay Kumar, who is the sole proprietor of petitioner No. 1-firm, was present in the shop. The complainant checked the stock register of the firm and found 2400 kgs. (480 x 5 kgs.) stock of insecticide Fipronil 0.3% GR bearing Batch No. MCPF1807 having manufacturing date 19/5/2018 and expiry date 18/5/2020, which was manufactured by respondent No. 2-M/s Modesto Crop Protection Pvt. Ltd. The complainant chose one sealed packet of the said insecticide and prepared three separate sample parcels of 250 grams each. Requisite forms were filled up and signed by the complainant. One sealed sample along with duly filled form No. XX was handed over to petitioner No. 2. The remaining two samples were accordingly deposited in the office of Chief Agricultural Officer, Bathinda along with Form No.XX and Form No.XXI in intact position. One sealed sample and one sealed Form No.XXI was sent by the Chief Agricultural Officer, Bathinda to the Insecticide Testing Laboratory, Amritsar vide letter No.18 dtd. 5/7/2018. The test report was received on 17/7/2018, as per which, the active ingredient contents of Fipronil had been found to be 0.02% instead of Fipronil 0.3% GR. Hence, the sample did not conform to its percent active ingredient content and was declared to be misbranded.