MOHINDER MOHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. for quashing complaint under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 read with Rule 27(5) of the Insecticides Rules, 1971, titled 'State v. M/s Janta Seeds Corporation & others' pending in the Court of Sub Divisional Judicial Magistrate, Pathankot (Annexure P-1); summoning order (Annexure P-2) and subsequent proceedings. Paras 2 and 3 of the petition read as under :

(2.) IN the reply filed, the contents of Para 2 have been admitted being a matter of record. In Para 3 of the reply, it has been admitted that the manufacturing concern was an authorised manufacturing company to sell its products in Punjab.

(3.) IN view of the admitted fact, it becomes clear that the petitioners are the licensees. The petitioners had acquired the insecticides from a duly licensed manufacturer/distributor. Since the sample was drawn from a sealed packet, the petitioners could not know with reasonable diligence that there was any contravention of provisions of the Insecticides Act, 1968 (for short, 'the Act'). There is nothing to indicate from the complaint that the insecticide while in possession of the petitioners was improperly stored.