Surinder Gupta, J. - (1.) THIS judgment dispose of both the petitions captioned above filed under Section 482 Code of Criminal Procedure (for short 'Cr.P.C.') seeking quashing of complaint titled "State of Punjab Vs. M/s. Chandan Pesticides and others" filed for the offence punishable under Section 29 read with Sections 3(K), 17, 18 and 33 of Insecticides Act, 1969.
(2.) AS per the complaint filed by Insecticide Inspector Block Verka District Amritsar, he inspected the premises of M/s. Chandan Pesticides on 30.05.2009 along with Satender Singh Agriculture Development Officer. Petitioner Rajesh Mehta, sole proprietor of that firm, was present there. The sample of Methyl Parathion having label bearing No. SCL -787 manufacturing date November 2008 and expiry date April 2010, was taken. The mode of taking of sample has been described in para Nos. 4 and 5 of the complaint as follows: - 4. That I introduced myself and other member of the team to Sh. Rajesh Mehta Proprietor of M/s. Chandan Pesticide GT Road Hide Market Amritsar. I served a notice to him in from XX intimating my intention to draw a loose sample of Methyl Parathion 2% DP for test/analysis. For this purpose I prepared the sampling details in the prescribed from XX and XXI. Then I put my signature and official brass seal bearing letter "INS INS VRK ASR" on every copy of forms signed on each copy of form XX and XXI also and Sh. Rajesh Mehta have appended his signature one form XX. The team, member also appended his signature on from xx as witness. I also requested to the persons orally standing at the shop to join as independent witnesses, but they refused to sign on form XX as witness (Attested copy of form XX enclosed as Annexure -C and Copy of Form XXI is enclosed as Annexure -D). 5. Thereafter I took one bag of Methyl Parathion 2% DP of Brand Sudal -20 of 10 kg Packing. The label of each bag bears Batch No. SCL -787 manufacturing date Nov 2008 and expiry date April 2010 manufactured by M/s. Sudarshan Consolidated Ltd. Out of 12 X 10 kg packing I took 10 kg bag were Insecticide in Polythene bag, I further divided it into three equal portion and put into three separate Polythene bags each measuring approx. 333 gm of Insecticide. These three Polythene bags were tied with thread tightly. These three test samples were put in three separate cloth bags along with memorandum in form XXI. These three sample bags were sealed with seal bearing letters INS INS VRK ASR. I wrote the detail of sample on each cloth bag Sh. Rajesh Mehta refused to affix metal seal on each sample. One sealed sample parcel containing copy of form XXI and a copy of form XX was handed over to Sh. Rajesh Mehta Proprietor of the firm on the spot The cost of one kg of Methyl Parathion 2% DP which was Rs. 30 was paid to Sh. Rajesh Mehta against bill no. 1675 dated 30 -5 -09 (Attested copy of receipt is enclosed as Annexure -E). Two parts of the sealed samples were handed over to Gurvinderpal Singh, Agriculture Development Officer, Amritsar on 30.05.2009. Out of these two samples, one was sent to Senior Analyst Insecticides Test Laboratory, Amritsar with memorandum in form XXI for analysis vide letter bearing No. Spl. No. 1 dated 31.05.2009. As per the report of Senior Analyst, Pesticides Test Laboratory, Amritsar, the sample contained only 0.89% of active ingredient contents of Methyl Parathion against 2% mentioned on the label of the pack, as such, it was misbranded. The sample did not confirm to the relevant I.S. Specifications with respect of its percent active ingredient contents. One copy of the Analyst Report was communicated to petitioner Rajesh Mehta along with show cause notice vide letter dated 17.06.2009.
(3.) PETITIONER Rajesh Mehta submitted reply to the show cause notice which was received on 24.06.2009. On 26.06.2009 petitioner No. 2 produced xerox copy of invoice No. 11 dated 30.04.2009 by virtue of which he had purchased 12X10 Kg of Methyl Parathion 2% DP from M/s. Vaishno Brothers, 29 Chaudhary Plaza Hide Market, Amritsar.;