DASHMESH KHETI STORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. praying for quashing of complaint dated 03.01.2007 under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 (for short 'The Act') read with Rule 27 (5) of the Insecticides Rules, 1971 (for short 'The Rules') entitled State v. Dashmesh Kethi Store and others, pending in the Court of JMIC, Moga. The petition further prays for quashing of order of summoning dated 03.01.2007 Annexure P-2. Short contention of learned counsel for the petitioners is that petitioner No. 1 is a dealer in insecticides. Petitioner No. 2 is proprietor of petitioner No. 1. Petitioner No. 3 is the distributor of insecticides that has supplied insecticides to petitioner No. 1 and petitioner No. 4 is the proprietor of petitioner No. 3.

(2.) It has been argued that sample of insecticide was taken from the premises of petitioner No. 1 on 26.07.2005 from a sealed container. Learned counsel for the petitioners contends that it is the admitted case that none of the petitioners is manufacturer of the insecticide. There is no evidence to indicate that the container was not stored properly so as to invite any punitive action under the Act and the Rules.

(3.) Learned counsel for the respondent-State admits that the petitioners are not the manufacturers of the insecticide. It is further the admitted case that sample of insecticide was taken from a sealed container. There is no evidence to indicate that the petitioners did not store the insecticide as required by Rules.