HEMANG MANHAR GANDHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This common order shall decide all the abovementioned petitions filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') [now Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS')] seeking quashing of Complaint No.56/56-2 dtd. 27/1/2010 titled as 'State through Sh. Resham Singh, Insecticide Inspector, Ferozepur Vs. M/s Harish Traders and others' and the summoning order dtd. 27/1/2010 passed by learned Chief Judicial Magistrate, Ferozepur against the petitioner(s) under Ss. 3(k)(i), 17, 18 & 33 punishable under Sec. 29 of the Insecticides Act, 1968 (for short 'the Act').

(2.) The aforementioned petitions arise out of similar factual matrix, therefore, for the sake of brevity, the facts are taken from CRM-M 38779-2011.

(3.) Succinctly, the facts of the case are that the Insecticide Inspector visited M/s Harish Traders on 28/6/2007 and took the sample of Cartap Hydrochloride 4% G manufactured by M/s Coromandel Agrico. Pvt. Ltd., Sikandrabad (U.P.) bearing Batch No.0704023, manufacturing date: April 2007, expiry date: March 2009, weighing 05 kg per packing. Three samples of 250 grams each were drawn from a package Cartap Hydrochloride 4% G, in accordance with the procedure laid down in the Act. Three sealed samples each comprising of 250 grams bearing seal 'II AGR FZR' were prepared on the same day i.e. 28/6/2007, in the presence of Sh. Harish Chander, proprietor of the firm and the Agriculture Officer. Out of three sealed samples, one of the sample was handed over to Harish Chander. Thereafter, the remaining two samples were submitted in the office of Chief Agriculture Officer, Ferozepur on 29/6/2007. One of the sample was sent to Insecticide Testing Laboratory, Amritsar 3/7/2007 and the remaining sample was kept in the office of Chief Agriculture Officer, Ferozepur.