GUPTA FARM SERVICES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the instant petition under Section 482 of the Code of Criminal Procedure for quashing the complaint (Annexure P-1) filed against it under Sections 3k (1), 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as 'the Act') read with Rule 27 of the Insecticide Rules, 1971 by the Insecticide Inspector and further for quashing all the consequent proceedings arising out of the said complaint.

(2.) Petitioner is a licensed dealer who deals in selling the insecticides in packed condition as packed by the manufacturers. A sample of one liter pack of Chlorpyriphos 20% EC was taken from it on 9.3.2000 which was found to be mis-branded by the Public Analyst. Thereupon, the aforesaid complaint was filed.

(3.) In the instant petition, the primary contention of the petitioner is that it is not the manufacturer or distributor. It sells the insecticides in sealed packed container as packed and stored by the manufacturer. The sample was taken from its shop in original packed container which was stored in proper condition. Thus, it is entitled for protection under Section 30(3) of the Act and the complaint filed again it under the Act is liable to be quashed.