SURINDER PAL SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of Code of Criminal Procedure for quashing the complaint dated 8.8.1991, a copy of which is annexure P-1, pending in the court of Chief Judicial Magistrate, Ludhiana under sections 3(K) (1), 17, 18, 29 and 33 of the Insecticide Act, 1968 (for short the Act) read with rule 27(5) of the Insecticide Rules, 1971 (For short the Rules) and for quashing of consequential proceedings arising therefrom or in relation thereto.

(2.) THE petitioner was working with M/s. Montari Industries Limited, Ludhiana as Regional Sales Manager with its posting at Ludhiana. The said Company obtained a licence from the Chief Agriculture Officer/Licensing Authority, Ludhiana under the provisions of the Act read with Rules, 1971. It was averred that the petitioner was at no stage Incharge or responsible for the conduct of the business of the Company to the quality of the products. The petitioner left the said company since December 1993. The facts giving rise to the filing of the petition briefly be mentioned as under :

(3.) THE respondent put in appearance and filed reply. It was inter alia, alleged that the petitioner was Regional Manager of M/s. Montari Industries Limited, Ludhiana and was posted at Ludhiana. The sample was taken in the presence of the petitioner and as such, he had contravened the provisions of the Act as per Sections 3(K)(1), 17, 18, 29 and 33 of the Act. Leaving of the company by the petitioner is of no consequence is so far as his liability for the offences is concerned. The complaint was launched after completing the formalities after obtaining necessary written sanction under Section 31(1) of the Act. The petitioner firm applied for the re-testing of the sample before the Chief Agriculture officer, Ludhiana but did not apply before the Judicial Court. No right of the petitioner has been infringed.