- (1.) Prayer in this petition filed under Section 482, Cr.P.C is for quashing of the complaint No.29 dated 29.03.2011 under Sections 3(k)(i), 17,18, 29 and 33 of the Insecticide Act,1968 read with Rule 27(5) of the Insecticide Rules, 1971, titled as "State vs. M/s Balaji Sales Corporation", pending in the court of Sub Divisional Judicial Magistrate, Talwandi Sabo, (Annexure P-1) and the summoning order dated 29.03.2011 (Annexure P-2) passed therein, as well as all the consequential proceedings arising therefrom qua the petitioners.
(2.) Brief facts of the case are that Harvinder Singh, Insecticide Inspector was authorized to take sample of the insecticides and if any violation is found then to file a complaint. On 20.12.2006, he visited the shop being run under the name and style of "M/s Balaji Sales Corporation" (petitioner No.1) where Chhinder Pal s/o Sukhdev Chand, a partner of the said firm was present. The Insecticide inspector checked the shop and found 9x1 lt., 2.5 D Ethalic Eister 38% E.C bearing batch No.DIL- 1204, manufacturing date November 2006 with the expiry date October, 2008, which were supplied by M/s Darrick Insecticides Limited, Bathinda, in 1 lt. packing and were displayed for the purpose of sale. Out of the said stock, 1 lt. packing was selected by the Insecticide Inspector out of which 750 ml, 2-4 D Ethelic Eister 38% Ethalic Eister was purchased vide bill No.1146 dated 20.12.2006 and the residue insecticide was handed over to the shopkeeper. The contents of the insecticide were mixed properly and divided into three parts. The containers were packed and sealed in accordance with the rules. One sealed sample along with Form No.XX was handed over to Chhinder Pal partner of the firm. One sample along with Form No.XX1 was sent to the Senior Analyst Insecticide Labotory, Amritsar, on 27.12.2006 through Amar Sing Peon while the third sample was deposited with the ADO, PP, Bathinda. The sample sent to the Senior Analyst Insecticide Laboratory, Amritsar, was found to be misbranded and the Chief Agricultural Officer, Bathinda, informed the Insecticide Inspector with regard to the receipt of the report from the Senior Analyst Insecticides Laboratory, Amritsar. A show cause notice was issued to the dealer vide letter No.1490-92 dated 14.03.2007 about the receipt of the report from the Senior Analyst Insecticide Laboratory, Amritsar. On the request of the dealer, one sample was sent to the Central Insecticide Laboratory, Faridabad, vide letter No.2299 dated 18.04.2007 for testing and the contents were again found to be misbranded. The dealer and other concerned persons were informed regarding the receipt of the report from the Central Insecticide Labortary, Faridabad, vide letter No.2531 dated 26.04.2008 and thereafter on 29.03.201,1 the complaint was presented before the learned Sub Divisional Judicial Magistrate, Talwandi Sabo.
(3.) Learned counsel for the petitioners has made two fold arguments:- 1:- Petitioner No.1, i.e. M/s Balaji Sales Corporation was a licenee and authorized to sell the insecticides and petitioner No.2 Rajinder Kumar was its partner. The samples were drawn from the sealed container which was kept in the same state in which it was received from the manufactuer, therefore, the petitioners were not liable for the manufacturing defects, if any. 2:- The sample was drawn on 20.12.2006. The report from the Senior Analyst Insecticide Laboratory, Amritsar, was received on 25.01.2007 while the report from the Central Insecticide Labortaory, Faridabad, was received on 10.05.2007. The complaint was filed on 29.03.2011, i.e. after about 03 years and 10 months, on receipt of the report from the Central Insecticide Laboratory, Faridabad. The maximum sentence prescribed for the offcene punishable under Section 29 of the Insecticides Act is imprisonment for two years beside payment of fine of up to Rs.50,000/- while in the case of subsequent offence, the term of imprisonment may extend to three years or with fine which shall not be less than Rs.50,000/- but may extend to Rs.75,000/- or with both. Therefore, the complaint could be presented within 3 years of the commission of the alleged offence as per Section 468 of Criminal Procedure Code.;