GARG TRADERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C for quashing the complaint under Section 3k(1), 17, 18, 29 and 22 of Insecticides Act, 1968 read with Rule 27(5) of the Insecticides Rules 1971 and for quashing all the consequential proceedings arising out of the said complaint.

(2.) Brief facts of the case are that the petitioner is a proprietor of M/s Garg Traders, Mullanpur, District Ludhiana who has obtained a licence for the purpose of selling, stocking and exhibiting for sale of different types of Insecticides/Pesticides including that of M/s Montari Industries Limited. As per the allegations made in the complaint, the Insecticides Inspector inspected the shop of the petitioner on 15.04.1999 and draw the sample of Butachlor 50% E.C. Batch No. 0235 manufacturing date March 1994 and expiry dated February 2001 manufactured by M/s Montari Industries Limited, New Delhi. The sample was sent to the Insecticide Testing Laboratory and the same was found misbranded. On the basis of the report, the present complaint dated 28.11.2001 was filed in the Court of Chief Judicial Magistrate, Ludhiana.

(3.) In para 5 of the petition, it is stated that Insecticide Inspector drew the sample of Butachlor 50% from 5 Ltr. from sealed packing. The petitioner was selling the insecticide in sealed containers in the original form as obtained from the registered manufacturer. So, no prosecution could be launched against the petitioner. The petitioner did not and could not have ascertained whether the Insecticide in any way contravened any provision of the Act. Moreover, the insecticide which was in possession of petitioner was properly stored and remained in the same state as and when petitioner acquired it. Even in the complaint, there is no averment that the sample was not stored in the proper state. In the absence of such averment in the complaint, the petitioner is entitled to the protection under Section 30(3) of the Act.