RAVI KANT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed this petition under section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution for quashing a complaint (Annexure P.1) filed under sections 3k(1), 17, 18, 29 and 33 of the Insecticides Act, 1968 (for short 'the Act') read with Rule 27(5) of the Insecticides Rules 1971, pending in the Court of Sub Divisional Judicial Magistrate, Abohar, and all the consequent proceedings arising therefrom.

(2.) THE necessary facts for the disposal of this petition are that the petitioner is a licensee under the provisions of the Act and is dealing with the sale of certain insecticides including Monocrotophos 36% SL. On July 24, 1989, the Insecticides Inspector purchased 3 sealed containers, each containing 0.5 Kg. of the said insecticide, manufactured by M/s. Kissan Agro Chemicals, Muzaffar Nagar, by way of sample. The manufacturing date of the said insecticide was June, 1989 and expiry date November, 1990. The sample, on analysis, was found to be misbranded. A show-cause notice along with copy of the report of the Analyst was sent to the petitioner. In reply-Annexure P. 4, the petitioner did not accept the report to be correct and requested the department to get the second sample tested from the Central Laboratory. This request was turned down by the department by letter dated 23.10.1989. After obtaining necessary consent (Annexure P.3), the impugned complaint was filed on August 29, 1991 in the Court of Sub Divisional Magistrate, Abohar.

(3.) NOTICE was issued to the respondent State. In its reply, the factual position has not been disputed. It has been stated that the show-cause notice was served upon the petitioner vide letter dated 19.9.1989, that the request of the petitioner dated 3.10.1989 for re-testing was received which was considered and rejected by the Chief Agriculture Officer, Ferozepur, and that intimation thereof was sent to the petitioner vide letter dated 24.10.1989 (Annexure Rule 2). It has been admitted that the complaint was filed on 29.8.1991 after the expiry of the shelf-life of the sample. It has been further stated that the provisions of Sections 30 and 31 of the Act have been duly complied with before filing the present complaint.