A.M.KHANWILKAR, J. - (1.) The appellants invoked the jurisdiction of the High Court of Punjab and Haryana at Chandigarh under Section 482 of the Criminal Procedure Code, 1973 being CRM-M-4458 of 2016, for quashing of the prosecution instituted against them by the State for an offence punishable under Sections 3(k) (i), 17, 18, 29, 30 and 33 of The Insecticides Act, 1968 (for short "the Act"). The principal ground urged before the High Court was about the gross violation of mandatory provisions of the Act particularly Section 22, resulting in immense prejudice to the appellants. For, the appellants were neither served with the report of the Analyst nor afforded any opportunity to exercise their right of analysis of the spare sample. Whereas, the spare sample was sent for analysis to the Central Insecticides Laboratory without institution of any proceedings. Failure to produce the second sample before the Court where the criminal case was launched against the appellants was contrary to Section 22(6) (ii) of the Act. It was also contended that the appellants, who are the manufacturers of the product, were arraigned as an accused in the criminal case contrary to the spirit of Section 33 (1) of the Act. These grounds of challenge, however, did not find favour with the High Court. Hence, this appeal.
(2.) Briefly stated, on 21st December, 2012, the Insecticide Inspector, Bhikhi, empowered under Rule 27(5) of The Insecticide Rules, 1971 (for short "the Rules"), inspected the premises of a firm M/s Jai Durga Pesticides Store, a licensed dealer and proprietary concern of one Vinod Kumar (for short "the dealer"). The dealer had displayed the product insecticide Piroxofop-Propinyl 15% W.P. under the brand name 'Gromate' bearing batch No.SGR018 manufactured by the appellants for sale. It is an admitted position that the dealer had purchased the said insecticide through invoice No.361203060 dated 24.11.2012. The Insecticide Inspector took random samples from one out of 500 units of such insecticides packets, bearing manufacturing date 30.11.2011 and expiry date 29.11.2013. The Insecticide Inspector completed the necessary formalities for taking the samples and prepared documents of three parcels which were duly sealed and signed by him, the dealer and the witnesses. The three different cloth bags were duly sealed. One of the sealed samples was handed over to the dealer (Vinod Kumar) and the remaining two bags containing the samples were deposited in the office of Chief Agriculture Officer, Mansa. Out of the two samples carried by the Insecticide Inspector, one sample was then forwarded to the Insecticide Testing Laboratory, Ludhiana (for short "the State Laboratory"). After the necessary test was conducted, a report dated 11.01.2013 was sent by the State Laboratory to the office of the Chief Agriculture Officer, Mansa opining that the tested sample was misbranded. The said analyst report along with a show cause notice was then served upon the dealer as well as the manufacturer (appellants) on 22.01.2013 and 11.02.2013 respectively.
(3.) The dealer (Vinod Kumar) then moved an application before the Chief Judicial Magistrate, Mansa, praying for analysis of the spare sample. The Chief Judicial Magistrate allowed the said application filed by the dealer Vinod Kumar. Pursuant to that order, the spare sample was forwarded in one sealed packet to the Director, Directorate of Plant Protection Quarantine and Storage, Central Insecticide Laboratory, Faridabad, (for short "the CIL") vide communication dated 06.04.2013. The CIL analysed the spare sample received by it and forwarded its report on 17.04.2013, opining that the sample does not conform to the relevant specification in the active ingredients content test requirement and is misbranded. A formal complaint was then filed on 18.05.2015 in the Court of Chief Judicial Magistrate, Mansa, being Complaint No.17/2015.;