DINESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed under Section 482 Cr.P.C. praying for quashing of the complaint pending in the Court of Chief Judicial Magistrate, Amritsar, copy Annexure P-1, under section 3(k)(i), read with Section 17(1)(a) of the Insecticides Act, 1968 (hereinafter to be referred as "the Insecticides Act").

(2.) THE Insecticide Inspector, Amritsar inspected the premises of the petitioner M/s Prince Kheti Store on 4.12.1995 in the presence of Shri Gurdev Singh, Agriculture Officer and purchased an insecticide 2,4-D Ethyl Ester 34%, Batch No. R-102, with manufacturing date as November 1995 and expiry date as October, 1997. Out of the sample drawn, one sample was sent to the Insecticides Testing Laboratory for testing. As per report of the Insecticides Testing Laboratory dated 22.12.1995, the said insecticide was found misbranded. A show cause notice was issued to the dealer, supplier as well as the manufacturer. The show cause notice issued to M/s. Somanil Chemicals was served on 12.1.1996 and a reply dated 22.1.1996 was sent to the said show cause notice by the General Manager of M/s. Somanil Chemicals, seeking the other sample to be sent for testing to the referral Laboratory. It is alleged that the sample was not sent to the said laboratory and the complaint was filed after the expiry of the shelf-life of the insecticide in question. The petitioner has, it is contended, thus been deprived of a valuable right inasmuch as the second sample was not sent to the laboratory for re-analysis. Apart from it, it has been contended that the Joint Director of Agriculture, Punjab, passed the sanction order for prosecution of the petitioner and another co-accused without applying his mind and no reason was given as to how the petitioner was responsible for misbranding of the insecticide in question.

(3.) I have heard learned counsel for the petitioner and learned DAG for the State of Punjab, representing respondent No. 1. Respondents No. 2 to 11 are proforma respondents.