DELHI AGRICULTURE STORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE State of Punjab through the Insecticide Inspector concerned filed a complaint against the petitioners and others under Sections 3(k)(i), 17, 18 and 33 read with Section 29(i)(a) of the Insecticides Act, 1968, before the Chief Judicial Magistrate, Jalandhar on 16.5.1994. The learned Chief Judicial Magistrate by his order dated 21.12.1994 summoned the accused for 27.4.1995. The petitioners have approached this Court under Section 482, Cr.P.C., for quashing the complaint Annexure P-1, summoning order Annexure P2 and all consequential proceedings arising therefrom insofar as they relate to the petitioners herein.

(2.) IST petitioner is a partnership firm while petitioners 2 and 3 are its partners. According to the complaint, the petitioners are dealing in pesticides/insecticides under a valid licence and that the Insecticide Inspector inspected the shop of the petitioners on 5.1.1993 and selected three tins one litre each of 2.4-D, 34% Ethylester.

(3.) THE petitioners contend that they sell insecticides and pesticides in the same packing condition as by the manufacturing company and that the sample was drawn from out of the original packed seal and the petitioners did not tamper with the seal of the packet of the insecticide. According to the petitioners, there is no allegation against them that they did not store these insecticides properly and had tampered with the original packing and in the absence of such allegations no case is made out against the petitioners.