NAGRA KHAD STORES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482, CrPC, filed by the accused-petitioners, seeking quashment of the criminal complaint under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968, (hereinafter referred to as 'the Act) read with Rule 27(5) of the Insecticides Rules, 1971 (hereinafter referred to as the Rules), and for quashment of all subsequent proceedings, taken thereon.

(2.) IN the petition, it was alleged that the Insecticides Inspector had taken the sample of insecticides from petitioner No. 1, M/s Nagra Khad Stores, and that the said insecticide was manufactured by M/s Pesto Chem India Limited, Delhi, and was supplied through the distributor, M/s Randhawa Kheti Stores. it was further alleged that the sample was taken from sealed containers and that the petitioners being the dealer and the distributor, were entitled to the protection under Section 30(3) of the Act. It was further alleged that in the criminal complaint, copy Annexure P2, and the Form (XX), copy Annexure P1, it was specifically admitted by the Insecticides Inspector that the sample was taken from the original packing, which was in a sealed container.

(3.) I have heard leaned counsel for the parties and gone through the record carefully.