ASHWANI KUMAR BHAKOO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ASHWANI Kumar Bhakoo and others, by means of this petition under Section 482 Cr.P.C. read with Articles 226/227 of the Constitution of India, seek quashing of the complaint dated October 31, 1980 (Annexure P-3) for offences under Sections 3(k)(i), 17, 18, 29(1) and 33 of the Insecticides Act, 1948 and all consequent proceedings.

(2.) THE facts on the basis of which the prosecution was launched may be drawn from the complaint Annexure P-3 and briefly enumerated :-

(3.) AS per the averments made in paras 3 and 4 of the petition, a report with respect to the sample was sent to the petitioner and on receipt of the show-cause notice, petitioner-1 sent his reply and also appeared in person to explain his position that he was not at fault as he did not store the insecticide in unsealed packings and also that the sample was lying in its original sealed packings. The petitioners, thus, claim that they had purchased the insecticide from M/s Kheti Sewa Centre, Ludhiana vide bill dated March 23, 1987 and petitioners-1 and 2 kept them in their original sealed packings as packed by the manufacturer. The petitioners have also challenged the prosecution the basis of the absence of a legal sanction and also that the prosecution was launched after the expiry of the shelf-life of the sample.