ASHWIN SHROFF Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been moved for quashing complaint No. 157 of 2001 attached as Annexure P-1 under Section 29(1) A of the Insecticide Act, 1968 pending in the Court of Chief Judicial Magistrate, Hoshiarpur. The petitioner also challenges the summoning order dated 18.1.2002 passed by the learned Chief Judicial Magistrate, Hoshiarpur and the subsequent proceedings arising therefrom.

(2.) THE Insecticide Inspector, Tanda, Office of the Chief Agriculture Officer, Hoshiarpur-respondent No. 2, filed a complaint under Section 29(1)A of Insecticide Act, 1968 on the allegations that on 14.5.2001 at about 10:00 A.M. the complainant along with Dr. Satnam Singh, A.D.O. Nathupur and Dr. Nirmal A.D.O. Maini Block Tanda, Distt. Hoshiarpur visited the shop premises of M/s. Gill Pesticides and Seed Store Harsi Pindi Block Tanda, Distt. Hoshiarpur, the accused was said to be having in his possession 72 x 250 Mls. Of Glyphosate 41% SL (Glycel) for public sale bearing batch No. SAP-2 manufactured dated January 2000 and expiry date December 2001. This Insecticide/weedicide was kept for sale purpose by the firm i.e. M/s. Gill Pesticides and Seed Store Harsi Pindi Tanda Distt. Hoshiarpur, which were purchased from the Distributor M/s. Kisan Kheti Center, Railway Road Dasuya Distt. Hoshiarpur and the name of the manufacturer printed on the container is M/s. Excel Industries Ltd., Mumbai.

(3.) THE case of the prosecution is that when the sample was sent for chemical analysis the same was found misbranded and consequently complaint was filed against the petitioner and other co-accused.