JAGMOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed under section 482 Cr.P.C. seeking the quashing of the complaint, a copy of which has been placed on record as Annexure P 1 and the consequent proceedings arising therefrom pending in the Court of Judicial Magistrate 1st Class, Samaria, Patiala. The petitioners, Jagmohan Lal and Ashok Kumar sons of Shri Hans Raj are the partners of firm M/s. Jagmohan Lal and Ashok Kumar dealing in the business of insecticides and the said firm is a licensed dealer under the Insecticide Act, 1968 (for short to be referred as the Act 1968). The Insecticide Inspector Shri Rajwant Singh during his visit to the premises of the firm aforesaid drew a sample of insecticide of the brand 'Hemol' (Butachlor 50%). The same was sent for analysis to the quality Control Laboratory, Ludhiana. The report of the analyst showed that the active ingredients found in the sample of the insecticides be were 47.63% as against the required 50%. The sample was, thus, found to be mis -branded having been deficient in the active ingredients by 2.37%. After a show -cause notice was served on the complainant, a complaint was filed in the Court of Judicial Magistrate 1st Class, Samana under Sections 3 (k) (i) and 29 of the Act 1968 read with Rule 27(5) of the Insecticides Rules, 1971. The learned Judicial Magistrate 1st Class, Samana passed an order summoning the petitioners as accused to stand trial for the aforesaid offences under the Act 1968.

(2.) IN this petition filed under Section 482 Cr.P.C. the primary contentions raised are :

(3.) NOTICE of the petition was issued to the respondents. Reply by way of affidavit of Shri Rajwant Singh, Insecticide Inspector, Samaria has been filed wherein the averments made in the petition were denied and it was mentioned, inter alia, that the complaint was filed only when the sanction as required under section 31(1) of the Act 1968 was received from the higher authority. The summoning order was defended as being according to law and after applying judicial mind by the learned Magistrate. The sanction order has also been defended as being valid and legal.