K.K. TRADERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure has been filed for quashing the complaint (Annexure P-2) filed under Sections 3(k)(i), 17, 18 and 33 of the Insecticides Act, 1968 read with rule 27(5) of the Insecticides Rules, 1971.

(2.) THE basic contention of the learned counsel appearing for the petitioners is that a sample of insecticide was taken from a sealed container and, that being the position, the petitioners cannot be convicted under the various sections of the Insecticides Act and the Rules made thereunder. In support of this contention, reliance has been placed on Criminal Misc. No. 8729-M of 1992 (M/s. Sandhu Khad Store v. State of Punjab) decided on 12.10.1993 and an order passed by me in Criminal Misc. No. 5225-M of 1994 (M/s. Ashok Kumar Ravi Kumar and another v. State of Punjab) on 6th March, 1995.

(3.) FOR the reasons recorded in M/s. Sandhu Khad Store's case (supra), this petition is allowed and the complaint against the petitioner is quashed.