PKITHV1 RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed impugning the judgment dated 09,05.2011 passed by Additional Sessions Judge, Faridkot whereby the appeal filed against the judgment of conviction and older of sentence dtd. 15/10/2009 passed by Chief Judicial Magistrate, Faridkot has been dismissed.

(2.) The brief facts of the case as set out in the complaint are that Hesham Singh, Insecticide Inspector Faridkot in the performance of his official duties inspected the shop of M/s S.K. Pesticides, Ferozepur Road Sadiq on 2/1/2003 along with Balvir Singh, ADO J and Sahib Block Faiidkot. On checking the Stock Register of the Finn, eight pieces of Monocrotophos 36 % SL in one litre packing were found in the stock of the firm (brand name Jai Monocrotaphos), He selected one litre pack bearing batch No.RH-42 manufacturing date 17/8/2002 and expiry date 16/8/2003 which had been manufactured and supplied by M/s Jai Chemicals Faridabad vide the Bill No./Invoice No.927 dtd. 9/9/2002. He purchased 750 ML Monocrotophos vide Bill No.848 dtd. 2/1/2003 for Rs.165.00 only. The sample was drawn in accordance with the procedure under the Insecticides Act and Rules. They were sealed in four different packets. One packet was handed over to Deepak Kumar S/o Suresh Kumar, Salesman of the Firm at the spot. On 6/1/2003 the two remaining sealed samples were deposited in the office of the Chief Agriculture Officer, Faridkot. One sample out of the same was despatched to the Senior Analyst Insecticides Testing Laboratory, Amritsar. The test report of the sample Monocrotophos revealed that the same was misbranded with the remarks "The Sample does not conform to I.S. Specifications in respect of it's percent active Ingredient Content. Hence the sample is misbranded." .The active ingredient contents 27.70 % instead of 36% SL. The copy of the Analysis Report was delivered to the dealer firm M/s S.K. Pesticides, Ferozepur Road Sadiq and its sole proprietor Suresh Kumar and Deepak Kumar, Salesmen along with a show cause notice as per the provisions of Sec. 24(2) of the Insecticides Act. Similarly, a copy of the Analysis Report was delivered to the manufacturer firm and the responsible persons of the firm along with a show cause notice. On a request of the dealer M/s S.K. Pesticides, the second sample was sent to the Central Insecticides Laboratory for re-testing and the same was once again found to be misbranded with the active ingredient contents only 32.72 % instead of 36% SL. Thus, the firm M/s S.K. Pesticides Ferozepur through its proprietor Suresh Kumar being a stockist/dealer had sold misbranded insecticides and the manufacturer M/s Jai Chemicals 14/1 Mathura Road Faridabad through Shri Prithvi Raj S/o Bhikhi Ram, Production Supervisor and responsible person for Quality Control M/s Jai Chemicals 14/1 Mathura Road Faridabad had also committed an offence by manufacturing/formulating and supplying for sale misbranded insecticides.

(3.) Pursuant to the filing of the complaint, the summoning order was issued. On conclusion of the trial, while the dealer firm along with the responsible person were acquitted in view of the protection under Sec. 30(3) of the Insecticides Act the manufacturing company through its proprietor Suresh Kumar and the petitioner-Prithvi Raj were held guilty by the Court of the Chief Judicial Magistrate, Faridkot and sentenced vide judgment dtd. 15/10/2009 as under:-