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Judgment
J.B. Garg, J.
The two petitioners residing at Amritsar are the distributors of Insecticides and they have moved the present petition under Section 482 of the Code of Criminal Procedure challenging the summoning order dated 27.9.1991 in respect of offence under Section 29(1)(a) read with Sections 3(k)(i), 13, 17(1)(a), 18(1) (c) and 33 of the Insecticides Act, 1968 and under Section 420 of the Indian Penal Code.
Briefly, the facts, as alleged in the complaint are that the insecticides in question were manufactured by M/s. K.P. Industries, Prop. Tristar Chemicals Private Ltd., Madras. A sample of Isoproturon 50% W.P. Brand Trilon was allegedly purchased by the Insecticides Inspector on 19.12.1990 and its ingredients were found only 44.33 per cent as against guarantee of 50 per cent.
On behalf of the petitioners, it has been pointed out that the sample was drawn from M/s. Jai Kissan Pesticides situate at G.T. Road, Rayya, District Amritsar on 19.12.1990 whereas the present accused were summoned vide order dated 27.9.1991; that the sample had expired prior to the date of notice. Here, attention has been drawn to Bhai Manjit Singh, Managing Director, Montari Industries Ltd. v. The State of Punjab, 1992(1) Recent Criminal Reports 244 where the right of reanalysis was lost, prosecution was quashed.
The sanction, Annexure P4, does not contain the date on which the sample was collected or as to what was the deficiency noticed by the Director of Agriculture, Punjab. It has been specifically stressed that Annexure P4 is cryptic. It does not contain even the name of the drug or as to what deficiency was found therein while launching the prosecution. Thus, in view of the infirmity of the notice, the present petition is accepted and the impugned order and the proceedings are hereby quashed.