(1.) PETITIONER Narinder Kumar gupta, who was the Manager of M/s. Somanil Chemicals, the manufacturer of the misbranded insecticide, has filed this petition under section 482, Cr. P. C. for quashing of the complaint filed against him under section 29 (1) (A) and Section 17 (1) (A) of the insecticides Act, 1968 and the subsequent proceedings arising therefrom.
(2.) IN this petition, the contention of the. petitioner is that in the aforesaid complaint, the petitioner was summoned after the expiry of the shelf life of the sample, therefore, he has lost his valuable right under section 24 (4) of the Insecticides Act, 1968 (hereinafter referred to as 'the Act') of getting the samples of insecticides re-tested from the Central Insecticide Laboratory.
(3.) IN this case, on 12-8-1994, a sample of Phorat 10%g, which was manufactured by M/s. Somanil Chemicals, was taken by the Quality Control Inspector from the business premises of M/s. Rishi Markanda Trading Company, a dealer of the aforesaid company. The date of manufacture of the said insecticide was July, 1994 and its expiry date was June, 1995. The said sample was found to be misbranded vide report dated 17-8-1994 given by the State Quality Control Insecticide Laboratory, Karnal. The intimation regarding misbranding of the sample was given to the dealer from whom the sample was taken and the manufacturing company (petitioner) on 18-10-1994. But neither the dealer nor the petitioner company chose to notify their intention to get the sample tested/analyzed from the Central Insecticide Laboratory. Thereafter the complaint was filed against the dealer as well as the petitioner company on 8-3-1995 and all the accused were summoned for 12-7-1995. Till that time, the shelf life of the sample had expired. On 12-7-1995, the case was adjourned as the accused could not be served because of the non-filing of process, and again the accused were summoned for 22-11-1995. It has been alleged that the service was effected on the petitioner only on 10-4-2001. Thereafter, he filed the instant petition.