JANTA KHETI STORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed the instant petition under Section 482 of the Code of Criminal Procedure for quashing the complaint (Annexure P-6) filed against them 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 No. 1 is a licensed dealer and petitioner No. 2 is its Salesman, who deal in selling the insecticides in packed condition as packed by the manufacturers. A sample of Isoproturon 75% WP manufacturing date September, 1999 and expiry date August, 2001 was taken from them on 29.11.1999 which was found to be mis-branded by the Public Analyst. Thereupon, the aforesaid complaint was filed.

(3.) COUNSEL for the petitioners further submitted that on the basis of the report of the Public Analyst, in which sample of insecticide taken from the petitioners was found to be mis-branded, their license was revoked under Section 14 of the Act by the Licensing Authority vide order dated 21.7.2000. Against that order, the petitioners filed an appeal under Section 15 of the Act before the Appellate Authority. In the said appeal, the petitioners took the aforesaid plea and claimed the protection under Section 30(3) of the Act. The Appellate Authority vide order dated 7.8.2000 (Annexure P-4) allowed the said appeal while holding that the petitioners are entitled for protection under Section 30(3) of the Act being dealer and Salesman. The learned counsel for the petitioners submitted that in view of this fact also, the complaint filed by the Insecticide Inspector against the petitioners is liable to be quashed.