Paul Pesticides & Anr. v. State of Punjab

MANDEEP PANNU HON'BLE MS. JUSTICE MANDEEP PANNU Present: , Advocate for the petitioners. Mr. Sherry K. Singla, Advocate for the petitioners. Mr. Sherry K. Singla Mr. Hardeep Singh, AAG Punjab Mr. Hardeep Singh, AAG Punjab -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.

482 of the Code of The present petition has been filed under Section 482 of the Code of The present petition has been filed under Section The present petition has been filed under Section Criminal Procedure for quashing of Complaint No. Criminal Procedure for quashing of of 2024 under Section 3(k) Complaint No. 866 of 2024 under Section 3(k) (i) 17, 18, 29 and 33 of Insecticide Act, 1968 read with Rule 27(5) of Insecticides (i) 17, 18, 29 and 33 of Insecticide Act, 1968 read with Rule 27(5) of Insecticides (i) 17, 18, 29 and 33 of Insecticide Act, 1968 read with Rule 27(5) of Insecticides (i) 17, 18, 29 and 33 of Insecticide Act, 1968 read with Rule 27(5) of Insecticides Rules 1971, titled as “State Vs. M/s Paul Pesticides and Others” Rules 1971, titled as “ , as also the State Vs. M/s Paul Pesticides and Others”, as also the summoning order dated 27.03.2024 (Annexure P summoning order dated Chief (Annexure P-2) passed by the learned Chief Judicial Magistrate, whereby the petitioner has been summoned to face trial for the Judicial Magistrate, whereby the petitioner has been summoned to face trial for the Judicial Magistrate, whereby the petitioner has been summoned to face trial for the Judicial Magistrate, whereby the petitioner has been summoned to face trial for the uential proceedings arising therefrom. aforesaid offences, along with all consequential proceedings arising therefrom. aforesaid offences, along with all conseq

At this stage, learned counsel for the petitioner confines his prayer At this stage, learned counsel for the petitioner confines his prayer At this stage, learned counsel for the petitioner confines his prayer At this stage, learned counsel for the petitioner confines his prayer only to the fact that there is violation of Section 223 of the Bhartiya Nagarik only to the fact that there is violation of Section 223 of the Bhartiya Nagarik only to the fact that there is violation of Section 223 of the Bhartiya Nagarik only to the fact that there is violation of Section 223 of the Bhartiya Nagarik Suraksha Sanhita, 2023. Inter alia, on this ground, the petiti Suraksha Sanhita, 2023. oner seeks quashing of , on this ground, the petitioner seeks quashing of the aforesaid complaint. the aforesaid complaint.

The principal objection raised by the petitioner is that the learned trial The principal objection raised by the petitioner is that the learned trial The principal objection raised by the petitioner is that the learned trial The principal objection raised by the petitioner is that the learned trial Court has taken cognizance and passed the summoning order without affording an Court has taken cognizance and passed the summoning order without affording an Court has taken cognizance and passed the summoning order without affording an Court has taken cognizance and passed the summoning order without affording an opportunity of hearing to the accused, which, according to the petitioner, is opportunity of hearing to the accused, which, according to the petitioner, is opportunity of hearing to the accused, which, according to the petitioner, is opportunity of hearing to the accused, which, according to the petitioner, is TRIPTI SAINI 2026.02.06 15:40 I attest to the accuracy and integrity of this document CRM-M-36457- -2024 (O&M) -2- 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023. mandatory under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

A plain reading of the aforesaid provision makes it abundantly clear A plain reading of the aforesaid provision makes it abundantly clear A plain reading of the aforesaid provision makes it abundantly clear A plain reading of the aforesaid provision makes it abundantly clear aking cognizance is that affording an opportunity of hearing to the accused before taking cognizance is that affording an opportunity of hearing to the accused before t that affording an opportunity of hearing to the accused before t mandatory in nature. Where such an opportunity has not been granted, the very act mandatory in nature. Where such an opportunity has not been granted, the very act mandatory in nature. Where such an opportunity has not been granted, the very act mandatory in nature. Where such an opportunity has not been granted, the very act of taking cognizance and the consequential summoning order stand vitiated.

Kushal Kumar Agarwal The Hon’ble Supreme Court in the case of Kushal Kumar Agarwal The Hon’ble Supreme Court in the case of The Hon’ble Supreme Court in the case of , has held as Vs. Directorate of Enforcement, 2025 (3) RCR (Criminal) 294, has held as Vs. Directorate of Enforcement, 2025 (3) RCR (Criminal) Vs. Directorate of Enforcement, 2025 (3) RCR (Criminal) under:- TRIPTI SAINI 2026.02.06 15:40 I attest to the accuracy and integrity of this document section (1) of Section 223 puts an embargo “6. The proviso to sub-section (1) of Section 223 puts an embargo section (1) of Section 223 puts an embargo “6. on the power of the Court to take cognizance by providing that no on the power of the Court to take cognizance by providing that no on the power of the Court to take cognizance by providing that no on the power of the Court to take cognizance by providing that no CRM-M-36457- -2024 (O&M) -3- cognizance of an offence shall be taken by the Magistrate without cognizance of an offence shall be taken by the Magistrate without cognizance of an offence shall be taken by the Magistrate without cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. giving the accused an opportunity of being heard. giving the accused an opportunity of being heard.

7. case, admittedly, an opportunity of being heard was not In this case, admittedly, an opportunity of being heard was not case, admittedly, an opportunity of being heard was not given by the learned Special Judge to the appellant before taking given by the learned Special Judge to the appellant before taking given by the learned Special Judge to the appellant before taking given by the learned Special Judge to the appellant before taking cognizance of the offence on the complaint. Only on that ground, the cognizance of the offence on the complaint. Only on that ground, the cognizance of the offence on the complaint. Only on that ground, the cognizance of the offence on the complaint. Only on that ground, the impugned order dated 20th April 2024, will have to be set aside. impugned order dated 20 April 2024, will have to be set aside.”

Sikander Singh v. Directorate A Coordinate Bench of this Court in “Sikander Singh v. Directorate A Coordinate Bench of this Court in “ A Coordinate Bench of this Court in “ of Enforcement, Gurugram”, CRM-M-29954- of Enforcement, Gurugram”, CRM -2025, decided on 29.07.2025 categorically held that affording an opportunity of hearing to the accused before categorically held that affording an opportunity of hearing to the accused before categorically held that affording an opportunity of hearing to the accused before categorically held that affording an opportunity of hearing to the accused before taking cognizance under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, taking cognizance under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, taking cognizance under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, taking cognizance under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is mandatory, even where the complaint was instituted prior to enforcement 2023 is mandatory, even where the complaint was instituted prior to enforcement 2023 is mandatory, even where the complaint was instituted prior to enforcement 2023 is mandatory, even where the complaint was instituted prior to enforcement S, provided cognizance is taken after its enforcement.” of the BNSS, provided cognizance is taken after its enforcement.” S, provided cognizance is taken after its enforcement.”

The said principle squarely applies to the facts of the present case, as The said principle squarely applies to the facts of the present case, as The said principle squarely applies to the facts of the present case, as The said principle squarely applies to the facts of the present case, as the present case stands on better footing. The complaint in the present case was the present case stands on better footing. The complaint in the present case was the present case stands on better footing. The complaint in the present case was the present case stands on better footing. The complaint in the present case was filed after the enforcement of BNSS, 2023. filed after the enforcement of BNSS, 2023

In view of the above, this Court is satisfied that there is violation of In view of the above, this Court is satisfied that there is violation of In view of the above, this Court is satisfied that there is violation of In view of the above, this Court is satisfied that there is violation of Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

tions, the present petition stands disposed of. With these observations, the present petition stands disposed of. With these observa f. All pending miscellaneous application(s), if any, stands disposed of. All pending miscellaneous application(s), if any, stands disposed o All pending miscellaneous application(s), if any, stands disposed o February 02, 202 tripti , 2026 Whether speaking/non Whether speaking/non-speaking : Speaking Whether reportable Whether reportable : Yes/No (MANDEEP PANNU) JUDGE TRIPTI SAINI 2026.02.06 15:40 I attest to the accuracy and integrity of this document