K G PAPPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shri K. G. Pappu and his wife Smt. Maldi Pappu have filed this petition under S. 482 of the Code of Criminal Procedure read with Art. 227 of the Constitution of India for quashing the complaint (Annexure P-1) pending in the Court of Judicial Magistrate Ist Class, Malout summoning order (Annexure P-2) and consequent proceedings arising out of the same.

(2.) The facts in brief are that on 28-9-1989 Shri Joginder Singh Boparai, Agricultural Inspector visited the shop of M/s. Vijay Kumar Satish Kumar Malout and took a sample of insecticide, which on analysis was found to be misbranded. After serving show cause notice and copies of Analyst's report upon the manufacturer, distributor and dealer and after obtaining sanction for prosecution, Shri Joginder Singh Boparai filed a complaint (Annexure P-1) under Ss. 3(k), 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act) against the dealer, distributor and manufacturer of the said insecticide, Judicial Magistrate Ist Class took cognizance and summoned the accused for 8-5-1991 by order dated 4-3-1991 (Annexure P. 2).

(3.) The present petitioners have challenged the complaint as well as the summoning order on the ground that no sanction was obtained to prosecute them for any offence under the said Act, that there is no averment in the complaint as to in what capacity the petitioners are to be prosecuted for the aforesaid offence that sample was sent to the Central Insecticide Laboratory thereby depriving the petitioner of his right to rebut the report of the Laboratory.