GURDARSHAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS , claiming themselves to be dealers of pesticides, have filed this petition under Section 482 of the Code of Criminal Procedure, with a prayer that complaint dated 16.8.1996 (Annexure P-3), filed against them, under Section 29(1)A of Insecticides Act, 1968 (in short 'the Act'), be quashed. It was further prayed that subsequent proceedings arising out of that complaint, be also quashed. Counsel for parties heard.

(2.) IT has been contended by counsel for the petitioners that their firm M/s Walia Pesticides is only a dealer. Material, i.e. insecticides was purchased from M/s. Jai Shree Agro Industries Limited at Delhi. He has further stated that sample was drawn in its original packing. To stress and substantiate this argument, counsel has referred to column No. 7 of Annexure P-2 i.e. Analysis Report of the pesticides, in dispute. He has also referred to paragraph 6 of the complaint Annexure P-3.

(3.) COUNSEL for petitioners, by referring to above mentioned facts, has stated that petitioners are entitled to protection of Section 30(3) of the Act. His prayer has vehemently been opposed by Mr. A.S. Ladhar, AAG Punjab appearing on behalf of respondent.