STATE OF PUNJAB Vs. H S DHILLON

JUDGEMENT

(1.) On coming to know that the accused H. S. Dhilon (now respondent) was stocking insecticides in the shop in dispute situated at Talwandi Road, Zira, with out a licence, P.W. 3 Hardip Singh, exercising powers under the Insecticides Act, 1958, went to that shop. He found that shop locked. He placed another lock on the lock already placed on the shop. He also placed a notice on the shop to the effect that its proprietor should contact the Plant Protection Inspector, Zira, (i.e. P.W. 3 Hardip Singh). On 3rd February, 1976, Jagmohan Singh, Sales representative of the accused contacted Hardip Singh P. W. and both of them opened the shop. On physical checking, the following stock of insecticides was found in the stock: I. 36 boxes each containing 20 containers of one litre each of Tok-E-40. [. 205 boxes each containing four containers of 5 litres of Tok-E-40. Seizure memos were prepared which were signed by Hardip Singh and said Jagmohan Singh.

(2.) Thereupon, the Insecticides Inspector filed complaint against the accused in the Court of Judicial Magistrate 1st Class, Zira, on the ground that the accused had no licence and that the Government had banned the sale of Tok-E-40.

(3.) After recording preliminary evidence, the learned trial Court held that there was no evidence to show that the accused was selling the said insecticides or had stocked or exhibited the same for sale and, therefore, there was no prima facie case against him. Accordingly, he discharged the accused vide order dated 5th August, 1979.