JINDAL MACHINERY STORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner firm has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the complaint, Annexure P-1, titled as State of Punjab v. M/s. Jindal Machinery Store, Cheema and others, pending in the Court of Sub Divisional Judicial Magistrate, Sunam, under Sections 3(K)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as 'the Act') and further for quashing all the consequent proceedings arising out of the said complaint.

(2.) THE petitioner, a licensed dealer firm, dealing in selling the insecticides/pesticides at Cheema Mandi, Tehsil Sunam, District Sangrur, in packed condition as packed by the manufacturers. One pack of 5 litres Butachlor 50% E.C., batch No. B-106, manufacturing date May, 1997 and expiry date April, 1999, manufactured by M/s. J&K Pesticides and Chemicals Corporation, was taken from the premises of the petitioner firm on 29.5.1998, which was found to be mis-branded by the Senior Analyst Insecticide Testing Laboratory, Amritsar. Thereupon, the aforesaid complaint was filed.

(3.) COUNSEL for the petitioner further submitted that on the basis of the report of the Insecticides Testing Laboratory, in which sample of insecticide taken from the petitioner firm was found to be mis-branded, its licence was cancelled under Section 14 of the Act by the Licensing Authority vide letter dated 3.8.1998. Against that order, the petitioner firm 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 12.10.1998 allowed the said appeal while holding that the petitioner is entitled for protection under Section 30(3) of the Act being dealer.