M.N. MURLI KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal misc. petition has been filed by M.N. Murli Kumar, Chief Chemist, M/s. Hindustan Pulverising Mills, G.T. Karnal Road, Delhi whereby he has prayed for the quashing of the complaint instituted under Sections 3(k)(1), 17, 18 and 33 of the Insecticides Act, 1968 read with Rule 27(5) of the Insecticides Rules, 1971 pending in the Court of Chief Judicial Magistrate, Ferozepur. He has also prayed for the quashing of every other proceedings consequential to the institution of that complaint.

(2.) ON 23.7.1992, Rajinder Kumar, Insecticides Inspector visited the business premises of M/s Maini Pesticides, Guru Harsahai. At that time, Sh. Gurcharan Singh, sole proprietor of this business concern was present at the business premises. Sh. Rajinder Kumar disclosed his intention through notice in writing that he was Insecticide Inspector and the purpose of his visit to this business concern was to seize the sample of insecticide lying stocked there in the business premises for sale. Sh. Gurcharan Singh supplied him three tins of Rogohit 30% EC 250 ML packing batch No. 239 manufactured by Hindustan Pulverising Mills, New Delhi. Each tin was put up in polythene bags which were sealed with seal II GHS. Dealer was asked to put his seal on the sample, but he refused to do so. Payment was made to the dealer. One sealed sample was handed over to the dealer Sh. Gurcharan Singh, sole proprietor of accused firm and receipt was taken from him in lieu of the handing over of the sample to him. Sample was seized in accordance with the procedure laid down in the Insecticide Act, 1968. Remaining two portions of sample were deposited in the office of the Chief Agricultural Officer, Ferozepore. Out of those two samples, one was sent to the Director Agriculture, Punjab Chandigarh and the Director Agriculture sent if further vide letter No. 2856/31. 40(M) dated 28.7.1992 to Director Central Insecticide Laboratory. One sample was kept in the office of the Chief Agricultural Officer, Ferozepore. Director, Central Insecticide Laboratory, Faridabad sent the analyst report to the Chief Agricultural Officer, Ferozepore which reads as under :-

(3.) ON these allegations, Sh. Rajinder Kumar, Insecticide Inspector, Guru Har Sahai instituted complaint under Sections 3(k)(1), 17, 18 and 33 of the Insecticide Act, 1968 punishable under Section 29 of the Insecticides Act, 1968 read with rule 27(5) of the Insecticides Act, 1971 against the dealer, distributor and manufacturer.