DESH BANDHU GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, has been filed with the prayer for quashing of complaint dated December 24, 1996 (Annexure P -1), pending in the Court of Chief Judicial Magistrate, Bhatinda, under Sections 3(k), 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act). It is alleged that the complaint (Annexure P -1) was filed against five partners of M/s Balaji Trading Company, Bhucho Mandi, District Bhatinda, and the present petitioners. Petitioner No. 1 is the Director of M/s Lupin Agro Chemicals (India) Ltd., while petitioner No. 2 is the Senior Manager, Production, of the said Company. The case of the petitioners further is that on 23.06.1993 Insecticides Inspector inspected the shop of M/s Balaji Trading Company, Bhucho Mandi, and took the samples of insecticide Phosphomidon 85% SL Batch No. 04. The date of manufacturing of the said insecticide was April, 1993, and its expiry date was March 31, 1994. The said insecticide was manufactured by M/s Lupin Agro Chemicals (India) Limited. Samples of the Insecticides were taken by the said Inspector after breaking open the seal of one litre container as per the rules. One part of the sample was sent to the Insecticide Laboratory for analysis. On analysis, the sample was found to be mis -branded as having Phosphamidon 72.43% E.C. vide report dated June 30, 1993. A copy of the said report was supplied to the Manufacturing Company along with a show - cause notice dated 8.7.1993 and 6.7.1993 respectively. A copy of the said show cause notice is annexed with the petition as Annexure P -3. It is alleged that before filing the complaint, under the orders of the Court, second sample of the insecticide was sent to the Insecticide Laboratory, Faridabad, for re - analysis on September 01.93. Again on analysis the sample was found to be mis -branded vide report dated November, 1993 has having Phosphamidon 80.8%.

(2.) AFTER obtaining the sanction, complaint under Sections 3(k)(i) 17, 18, 33 punishable under Section 29 of the Act was filed on December 24, 1996 in the Court of Chief Judicial Magistrate, Bhatinda.

(3.) ON the complaint filed by the Insecticide Inspector, the Chief Magistrate, Bhatinda, took the cognizance of the offences and ordered the summoning of the persons arrayed as accused in the complaint including both the petitioners for 19.2.1997, who have filed the present petition for quashing the complaint (Annexure P -1), pending in the Court of Chief Judicial Magistrate, Bhatinda.