C.K. SABHARWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Sec. 482 Cr.P.C for quashing of complaint No.5/4 dated 05.01.2010 registered under Sections 3 (k) (i), 17, 18, 29 and 33 of Insecticides Act, 1968 read with Rule 27(5) of Insecticide Rules, 1971 titled "State Vs. M/s Kissan Kheti Sewa Centre and others" along with summoning order dated 08.01.2010 and entire subsequent proceedings undertaken in pursuance thereof.

(2.) Petitioner alleged that petitioner is a Director of the company namely M/s Crop Health Products Ltd., Ghazibad. M/s Crop Health Products Ltd., Ghaziabad was a registered manufacturer of various types of insecticides and pesticides since 1966. The company was having a valid licence issued by the appropriate authority under the Act. There was a laboratory as per ISO 9001 fitted with fully modern equipments of testing in the factory premises of the company. The entire material manufactured by the company was being tested by the laboratory before sale in the market and there was no scope of issuance of any misbranded insecticide/pesticide in the market for sale.

(3.) A complaint was filed by the complainant with the allegations that on 17.07.2007, Kuldeep Singh Sekhon, Insecticide Inspector, Khanna, District Ludhiana had visited the shop of one dealer i.e. M/s Kissan Kheti Sewa Centre, Samrala Road, Khanna, District Ludhiana and drew a sample of insecticide namely Cartap Hydrochloride 4 % GR "Syncarp" brand Clipper, bearing batch No.SCH7G532, manufacturing date as 07.07.2007 and expiry date as 06.07.2009. The material was alleged to be manufactured by the aforesaid company and was marketed through one distributor namely M/s Syngenta Crop Protection Pvt. Ltd., Mumbai. Three representative samples were taken. One part of the sample was sent to State Insecticide Testing Laboratory, Amritsar and the same was found to be misbranded after analysis. The referral part of the sample was also found to be misbranded by the Central Insecticide Laboratory, Faridabad. Thereafter, show cause notice was issued by Chief Agricultural Officer, Ludhiana to the manufacturing company as well as to the Distributors and dealers. Manufacturing company replied the show cause notice to the Chief Agricultural Officer, but the same was not considered. On 08.01.2010, the complaint in question was filed in the trial Court. Trial Court vide order dated 08.01.2010 passed the impugned order of summoning.