DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed seeking quashing of the Complaint No. 64 dtd. 3/7/2017 registered under Sec. 29(1)(a) of the Insecticides Act, 1968; read with Rule 27(5) of the Insecticides Rules, 1971.

(2.) The factual gamut of the case, as disclosed in the pleadings, is that petitioner No. 1 is the proprietor of the petitioner No. 2, a firm who is a valid licensee; to deal in the Insecticides under the Insecticides Act. In the normal course of his business, petitioner No.2 was having stock of insecticides named, Lambda Cyhalothrin 4.9% CS, bearing Batch No.SLFSR-176, manufacturing date 26/7/2014 and expiry date 25/7/2016. Stock was in the packing of 250 ml each; manufactured and supplied by M/s Jai Shree Rasayan Udyog Ltd; Delhi, which is a registered and licensed manufacturing company; for the said insecticide. On 17/8/2015 the Insecticide Inspector had taken sample from the shop of petitioner No. 2. While taking the sample, the report in Form XX was prepared by the said Insecticide Inspector. The description of the sample, as given in Form XX, mentions the packing of the material, to be in original packing. Subsequently, the sample was sent for chemical analysis. As per the Analysis Report; the sample was found to be misbranded; in terms of lacking active ingredients; meant for the insecticide. As per the Report, the active ingredients in the sample was found to be 1.77%, whereas, it was required to be 4.9% as prescribed for this particular product. After receipt of the Report of Public Analyst, notice was given to petitioner No.2. Petitioner No.2 chose to exercise his right to re-analysis of the second sample. Even the second sample, as analysed by Central Insecticide Laboratory, Faridabad, was found to be misbranded; in the above said terms. But the deficiency was found to be 2.3% as against the required standard of 4.9% of the active ingredients.

(3.) Thereafter,, the Insecticide Inspector filed the above said Complaint. The petitioners were summoned in the Complaint by the Court of Chief Judicial Magistrate, Roopnagar. It is against this complaint and the summoning order that the petitioners have approached this Court; for quashing of the above said Complaint and the consequent proceedings arising therefrom.