ONKAR PRESTICIDES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482, Cr.P.C. filed by the accused-petitioner, seeking quashment of the criminal complaint under Sections 3(k)(1), 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 quashing all the subsequent proceedings arising therefrom.

(2.) IN the present petition, it was alleged that the Insecticides Inspector had inspected the premises of the petitioner on 4.9.1996 and had taken a sample of the insecticides, which was manufactured by M/s. Jaswant Rasayan Pvt. Ltd. and was marketed through M/s. Vital Agrotech Pvt. Ltd. It was inter alia alleged that the Insecticides Inspector had taken a sample from the sealed container and that the petitioner being the dealer, could not have been prosecuted, in view of the provisions of Section 30(3) of the Act. Accordingly, it was prayed that the criminal complaint and all subsequent proceedings, taken thereon, against the present petitioner, be quashed.

(3.) I have heard learned Counsel for the parties and gone through the record carefully.