RALLIS INDIA LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The question which arises for consideration in the instant petition is as to whether a marketing agency/licensed dealer can be held responsible under the Insecticides Act, 1968, for the contents of the samples when it is not disputed that the seal of the sample was intact at the time of sampling ?

(2.) The present petition has been filed under sec. 482 CrPC seeking quashing of criminal complaint No.18 of 11/7/2016 (Annexure P-1) titled as 'State Versus M/s Goyal Sales Corporation and Others' pending in the Court of Judicial Magistrate First Class, Sri Muktsar Sahib for offences under Ss. 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 read with Sec. 27(5) of the Insecticides Rules, 1971 as well as the subsequent proceedings including the order of summoning dtd. 11/7/2016 (Annexure P-2).

(3.) Complaint No.18 dtd. 11/7/2016 titled as 'State Versus M/s Goyal Sales Corporation and Others was filed by the State against various persons, who were claimed to be the dealer, supplier, distributor and manufacturer under the provisions of the Insecticides Act, 1968. The petitioners in the instant petition happen to be accused No.5 and 6 in the said complaint.