SOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This common judgment shall dispose of both the abovementioned petitions as an identical issue of law is involved. However, for the sake of brevity, the facts are taken from CRM-M-38536-2021.

(2.) The present petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking quashing of criminal complaint bearing No. 21 dtd. 6/3/2019 registered under Sec. 3(k)(i), 17, 18 and 33 punishable under Sec. 29 of the Insecticide Act, 1968 (hereinafter 'the Act') read with Rule 27(5) of the Insecticides Rules, 1971 titled 'State of Punjab vs. M/s. Ajay Agro Chemical and others' pending before learned Chief Judicial Magistrate, Ferozepur as well as summoning order dtd. 6/3/2019 (Annexure P-2), and all subsequent proceedings arising therefrom.

(3.) Briefly, the facts, as alleged are that on 12/7/2017, the Insecticide Inspector, the complainant, visited the premises of M/s Ajay Agro Chemical, Ferozepur and drew samples of Chloropyriphos 20% EC, bearing batch No. VOIC16F. The said chemical was manufactured by M/s Vikas Organic Industries Corporation, Faridkot, where the petitioner is the Godown Incharge. The samples were sent for chemical analysis on 14/7/2017 to the State Insecticide Testing Laboratory, Amritsar and the same was found misbranded vide report dtd. 18/7/2017. A sample was also sent to the Central Insecticide Laboratory, Faridabad which also returned the same result. Consequent to the same, complaint(supra) was instituted.