UNITED PESTICIDES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed under Section 482 Cr.P.C. by M/s. United Pesticides 13/477, Nayapara, Raipur, (M.P.) seeking quashing of complaint filed by respondent, Insecticide Inspector, Abohar, District Ferozepur under Sections 3(k)(i), 17, 18, 33 punishable under Section 29 of Insecticide Act, 1968 read with Rule 27(5) of the Insecticides Rules, 1971 and all consequential proceedings flowing therefrom and pending in the Court of Sub Divisional Judicial Magistrate, Abohar.

(2.) THE petitioner, a partnership concern deals in the manufacture of insecticides. The insecticide involved in the impugned complaint is Monocrotophos 36% SL. The said insecticide had batch No. UPLM-12. The insecticide in question was manufactured in July, 1991 and the expiry date of the same was June, 1992. According to the averments made in the complaint, the respondent, Insecticide Inspector, Abohar visited the shop of Punjab Kheti Centre, Abohar on 4.10.1991 and drew a sample of the said insecticide Monocrotophos 36% SL. The Insecticide Inspector prepared three samples of the said insecticides which were duly sealed. One of the samples was sent for analysis to the Insecticides Testing Laboratory, Ludhiana by the Chief Agriculture Officer, Ferozepur. The other sample was given to the dealer and the third sample was kept in the office of the Chief Agriculture Officer, Ferozepur. After analysis by the Insecticide Testing Laboratory, Ludhiana, the sample of the insecticide was found to be misbranded as it did not conform to the relevant ISI specifications in its active ingredients percentage. A show cause notice was sent to the dealer, Punjab Kheti Centre, Abohar and thereafter the impugned complaint was filed in the Court of Sub Divisional Judicial Magistrate, Abohar on 23.12.1992. In the impugned complaint, copy Annexure P1, the petitioner, M/s. United Pesticides was impleaded as accused No. 3.

(3.) NOTICE was issued to the respondent, who filed his written statement in the form of affidavit of Shri Sukhdev Singh, Insecticide Inspector, Abohar. In para 4 of the reply the averments made by the petitioner in para 4 of the petition were denied as being wrong and it was averred that the analyst report was sent to M/s United Pesticides Company. It was, however, admitted that the complaint was filed on 23.12.1992 and the expiry of the insecticide was in June, 1992. However, it was contended that the valuable right of the petitioner was not lost as provided under Section 24(4) of the Insecticide Act.