SURINDER SINGH KOONER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Order shall dispose of the aforementioned two petitions filed by the petitioners under Section 482 Cr.P.C as the same have arisen out of a common Complaint No.14 dated 29.01.2013, titled as "State Vs. M/s Brar Brothers Kheti Store and Others" under Sections 3(k)(i),17,18,29 and 33 of the Insecticides Act, 1968 read with Rule 27(5) of the Insecticide Rules 1971 and the summoning order dated 29.01.2013, passed by the S.D.J.M.,Zira, District Ferozepur.

(2.) However, for reference and brevity, the facts have taken from the petition bearing No. CRM-M-11219-2014.

(3.) These petitions have been filed by manufacturer and dealers, with averments that on 05.07.2007, Complainant, Jagsir Singh - Insecticide Inspector visited the shop of M/s Brar Brothers Kheti Store, Zira, District Ferozepur and drew a random sample of one insecticide Cartap Hydrochloride 4%G bearing Batch No.MJ070304, with Mfg. Date March, 2007 and Expiry Date February, 2009, manufactured and supplied by the company i.e. M/s Modern Insecticides Ltd., Ludhiana. After completing all necessary formalities and procedures, the sample sent to State Insecticide Testing Lab, Amritsar for chemical analysis and the same was found misbranded vide Analysis Report dated 17.07.2007. On having been put to notice, the petitioners had opted for analysis of the second sample. However, the second sample was also found misbranded, and the report to this effect was received from the Central Insecticide Laboratory, Faridabad on 22.01.2008. Thereafter, the sanction for prosecution was applied for on 22.05.2009. The same was granted on 15.10.2009. Thereafter, the complaint was filed against the present petitioners, who are the dealer, as well as against the manufacturer, on 29.01.2013. It is this Complaint and the summoning order which is being challenged by the petitioners through the present proceedings.