JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482, Code of Criminal Procedure, for quashing the complaint (Annexure P-1) filed under the Insecticides Act, 1968 read with Insecticides Rules, 1971 and summoning order dated 26.8.2004 (Annexure P-2).

(2.) THE contention of learned counsel for the petitioners is that the petitioners are licensees. Having a legal licence, the petitioners are entitled to store and sell insecticides and pesticides of the manufacturing companies, registered and approved by Government of India as well as Government of Punjab. Insecticides contained in sealed packets only are sold. On 16.12.2002, the respondent drew a sample of insecticide; namely, 2, 4-D Ethyl Ester 38%, bearing Batch No. RK-11, manufactured on 8.11.2002, having expiry date as 7.11.2004. The samples were drawn from duly sealed packets. It has been specifically asserted in the petition that the insecticides and pesticides were properly stored in the premises. The product was manufactured by M/s Jai Chemicals, Faridabad, which is a manufacturing company registered and authorized by Government of Punjab to sell its products in the State of Punjab. So as to support the argument, learned counsel for the petitioners has referred to the seizure memo itself in which the Insecticide Inspector who drew the sample, in column No. 5, has recorded that the sample was drawn from 'original' packet.

(3.) I have considered the contention of the learned counsel for the petitioners. The specific averments as made and noticed in the earlier part of the order, have been admitted by the learned counsel for the respondent-State.