ATMA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. for quashing Criminal Complaint No. 128 dated 17.11.2008(Annexure P-1)under Sections 3(k)(i), 17, 18, 29 and 33 of Insecticides Rules, 1971 titled 'State v. M/s. Kals Fertiltizers Store & Others'. Challenge is also to order of summoning(Annexure P2).

(2.) The short argument of learned counsel for the petitioners is that M/s Kals Fertilizers Store is a licensed dealer of insecticides. Learned counsel further contends that it is the admitted case of the respondent that the petitioner had stored licensed product. The storage of insecticides, a sample of which was drawn, was proper.

(3.) Learned counsel states that the insecticides stored by the petitioners had been manufactured by another concern namely M/s Singhal Pesticides, Jamunapar,Agra. The sample was drawn from a sealed container.