ASHUTOSH MOHUNTA, J. - (1.) THE present petition has been filed under Section 482, Cr.P.C., for quashing the complaint dated January 25, 1996 (Annexure P1) under the Insecticides Act, 1968, as also the summoning order (Annexure P2) passed by the Chief Judicial Magistrate, Ludhiana.
(2.) THE petitioner deals in insecticides and pesticides and has a licence in this regard. It sells them in the same packed condition as are taken from the manufacturers. As per the complaint it was alleged that on August 5, 1995 the complainant Lakhbir Singh, Agricultural Development Officer, Ludhiana, notified as Insecticide Inspector, raided the premises of the petitioner along with Satnam Singh Ankhy, Agricultural Officer, Ludhiana, and Jagjit Singh, Agricultural Development Officer (Enforcement), Ludhiana. During the course of checking it was found that the insecticides were stored in an unauthorised godown, which was not permitted to store insecticides by the Licensing Officer. A sample of 2, 4-0 34% (Ethyle-aster) having its expiry date as January 1996, was taken. This insecticide was manufactured by M/s. Haryana Pesticides, Mandhaur. It was stored at a place which was unauthorised under the provisions of the Insecticides Act, 1968 as per clause 13 of the Act read with Rule 10 of the Insecticides Rule, 1971. Three samples were drawn of the ethyle-aster out of which one sample was sent to the Senior Analyst, Insecticides Testing Laboratory, Bathinda, who opined that the sample did not conform to the I.S.I. specifications and hence was misbranded under the provisions of the Insecticides Act, 1968.
(3.) AFTER receiving the report from the Analyst, the complainant filed the present complaint before the Chief Judicial Magistrate, Ludhiana. The Chief Judicial Magistrate vide order dated January 25, 1996 found sufficient grounds to proceed against the petitioner under Sections 3k(i), 13, 17, 18, 23, 29 and 33 of the Insecticides Act, 1968.;