GOYAL TRADING CO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482, Cr. P.C.for quashing complaint No. 87 dated 23-10-1992-Annexure P-1, order Annexure P-2 dated 23-7-99 and notice-Annexure P3 dated 23-7-99 and the subsequent proceedings in the complaint (Annexure P-1) pending in the Court of Chief Judicial Magistrate, Mansa.

(2.) The petitioner is firm dealing in the sale of pesticides and insecticides. Girdhari Lal is the Proprietor of the firm. Hence, the present petition is filed through him. The petitioner on the date of appearance in the Court of C.J.M.Mansa moved an application for getting the sample tested from the Central Insecticides Testing Laboratory. The C.J.M.accepted the application of the petitioner and sent the sample for testing at the expense of the petitioner. The report has been given by the Central Insecticides Testing Laboratory that testing cannot be carried out as the period of insecticides has already expired. Learned counsel for the petitioner submits that clearly the defence of the petitioner has been prejudiced. It is further submitted that the petitioner had given reply on 30-10-91 to the notice dated 21-10-91. The petitioner in this reply had made a request that the sample be sent to Central Insecticides Laboratory for testing. This was not done. The proceedings were not initiated immediately. Rather they were initiated at the fag end of the shelf life of the insecticides in question. It is, therefore, submitted that the petitioner is entitled to protection under Section 30(3) of the Insecticides Act. Since the petitioner is not a manufacturer or importer of the insecticides, he is not liable for prosecution.

(3.) I have heard the learned counsel for the parties.