KISSAN OIL STORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is petition filed under Section 482 Cr.P.C. seeking the quashing of the complaint (copy Annexure P1) and the summoning order (copy Annexure P2) dated 6.2.1998 passed by Judicial Magistrate, Samrala.

(2.) THE petitioner is a dealer in Insecticides/weedicides and is holder of a valid licence No. 785/89 issued by the Licencing Authority, i.e. Chief Agriculture Officer, Ludhiana. The petitioner used to purchase various insecticides from different manufacturers and used to store them properly and sell them in the same state, i.e. in the sealed container, as received from the manufacturers. The petitioner firm was selling Anilophos 30% EC in sealed container. On 29.5.95 the Insecticide Inspector drew a sample of Anilophos 30% EC from the shop of the petitioner. The Insecticide Inspector found the container intact and properly sealed. The said insecticide was manufactured by M/s Shakti Insecticides, H.O. Delhi (now known as Derrick Insecticide Ltd., Delhi). The sample was sent to the Insecticide Testing Laboratory, Ludhiana and as per the report of the Laboratory, the sample did not conform to the ISI specification in respect of its percentage active ingredients contents. The percentage shown was 34.04% instead of 30%.

(3.) THE petitioner seeks quashing of the complaint and the summoning order on the ground that the expiry date of the sample was in February, 1996, whereas the summoning order was passed on 6.2.1996, directing the petitioner to appear in Court on 26.4.1996, i.e. after expiry of the shelf life of the insecticide aforesaid. The case remained pending in the court and on 17.7.1996 the respondent submitted reply to the application of the petitioner, stating therein that the second part of the maple had already expired in February, 1996.