DEVINDER KUMAR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This petition under Sec. 482 Criminal Procedure Code, has been filed by the accused petitioner, seeking quashment of the criminal complaint under the provisions of the Insecticides Act, 1968 and rules framed thereunder.

(2.) The only ground on which the present petition has been filed is that the petitioner is a dealer and as such he could not be prosecuted, in view of the provisions of Sec. 30(3) of the said Act. It has been submitted that the licence of the petitioner had not been cancelled. Reliance has been placed on the law laid down by Honourable Supreme Court, in M/s. Kishan Beej Bhandar Vs. Chief Agricultural Officer and another, 1 (1992) CCR 768, and a Division Bench judgment of this Court, reported as Rajinder Kumar Vs. State of Punjab, 2003(2) RCR (Criminal) 244: [2003(3) All India Criminal Law Reporter 592 (Pb. & Hry.)].

(3.) After hearing the learned counsel for the parties and after perusing the record, I am of the opinion, that no case for interference by this court in the present petition under Sec. 482 Criminal Procedure Code, is made out. In my opinion, the case of the petitioner is covered against the petitioner by the Division Bench judgment of this Court in Rajinder Kumar's case (supra). The question as to whether the petitioner is entitled to the benefit of Sec. 30(3) of the Said Act, cannot be gone into by this Court in the present petition under Sec. 482 Code Criminal Procedure It would be open for the petitioner to take up all these points before the learned Magistrate, at the appropriate stage. So far as the law laid down by the Hon'ble Supreme Court, in M/s. Kishan Beej Bhandar's case (supra), referred to above by the learned counsel for the petitioner, is concerned, in my opinion, petitioner is not entitled to aforesaid benefit, inasmuch as it is not the case of the petitioner that benefit of Sec. 30(3) was even given to the petitioner by the Appellate Authority, as was the case before the Honourable Supreme Court, in M/s. Kishan Beej Bhandar's case (supra).