SINGLA TRADING CO. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner firm has filed the instant petition under Section 482 of the Code of Criminal Procedure for quashing the complaint filed against it under Sections 3(K)(l), 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as 'the Act') read with Rule 27(5) 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 firm, dealing in selling, stocking and exhibiting for sale of different types of insecticides/pesticides. On 6.6.1995, a sample of Monocrotophos 36% out of the sealed packing of 500 Lt. pack having its manufacturing date March, 1995 and expiry date August, 1996 manufactured by M/s Northern Minerals Limited Gurgaon was taken from the shop of the petitioner firm which was found to be mis-branded by the Insecticide Testing Laboratory, Ludhiana. Thereupon, the aforesaid complaint was filed.

(3.) COUNSEL for the petitioner further submitted that on the basis of the report of the Insecticide Testing Laboratory, in which sample of insecticide taken from the petitioner firm was found to be mis-branded, its license was cancelled under Section 14 of the Act by the Licensing Authority vide order dated 9.11.1995. Against that order the petitioner filed an appeal under Section 15 of the Act before the Appellate Authority. In the said appeal, the petitioner took the aforesaid plea and claimed the protection under Section 30(3) of the Act. The Appellate Authority vide order dated 13.5.1996 allowed the said appeal while holding that the petitioner is entitled for protection under Section 30(3) of the Act being dealer. The learned counsel for the petitioner submitted that in view of this fact also the complaint filed by the Insecticide Inspector against the petitioner is liable to be quashed.