SAFEX CHEMICALS INDIA LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. seeks quashing of the complaint filed against the petitioner under the Insecticides Act, 1968 and the consequential proceedings arising therefrom. The petitioner deals in insecticides and pesticides being duly authorised by the appropriate authority. The petitioner sells insecticides and pesticides of registered and licensed manufacturer under sealed and packed conditions. The seals fixed by the manufacturer are not tampered with by the petitioner at any stage.

(2.) ON 2.7.1993 the Insecticide Inspector-cum-Quality Control Inspector, Kurukshetra/Kaithal drew the sample of Phorate 10G pesticides from the shop premises of M/s. Gurunanak Agriculture Sewa Centre, Cheeka, District Kaithal and that dealer has bought the abovesaid pesticide from the petitioner who is the main dealer of the manufacturer. The pesticide was manufactured by M/s. Gujarat Agro Chemicals, Ahmedabad. The same has been drawn out of a sealed and packed container stored at the proper place.

(3.) MR . Rakesh Verma has argued that the matter is squarely covered by a judgment of this Court in the case of M/s. Bharat Pesticides v. State of Punjab, 1998(3) Recent Criminal Reports 189. In that case, this Court had quashed the proceedings on the ground that once it is found that the insecticide was acquired from the licensed manufacturer in sealed container and while in possession of the petitioner, the insecticide was properly stored and remained in the same condition when it was acquired, it would not be open to the respondents to file a complaint on the same set of facts. It was also held that filing of complaint would be an abuse of the process of the Court. Thus, according to the learned counsel, the matter is squarely covered by the aforesaid judgment. I find considerable force in the submission made by the learned counsel. As noticed earlier, the respondents have accepted the fact that the sample has been drawn from sealed container and that there was no tampering with the seal. If that be so, the matter is squarely covered by the decision in M/s. Bharat Pesticides (supra). The petition has to be allowed on this short point.