SANT LAL SUREKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition for quashing of complaint titled 'State v. Manesh Kumar and others' and all subsequent proceedings arising therefrom.

(2.) A complaint under the Insecticides Act, 1968 (hereinafter referred to as 'the Act') read with Insecticides Rules, 1971 was filed against the petitioner when on 23.7.1997 an Insecticide Inspector drew a sample of insecticide from the shop premises of one dealer, namely, M/s Goyal Traders, Anaj Mandi, Sahnewal, Distt. Ludhiana. On testing the sample was found to be misbranded. Show cause notice was issued to the dealer as well as the manufacturing company i.e. M/s Thakar Chemicals Ltd., New Delhi by the Chief Agriculture Officer, Ludhiana. No individual notice was served upon the petitioner. Upon the complaint having been presented before the court of competent jurisdiction the petitioner was summoned as an accused vide order dated 21.1.1999.

(3.) RELIANCE was also placed on Shashank Bhargava v. State of Punjab and another, 2005(3) RCR(Criminal) 53, Shashank Bhargava and another v. The State of Punjab and another, 2000(2) RCC 454 and S.K. Jindal v. State of Haryana 2005(4) RCR(Criminal) 68.