BAJWA SEED STORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition seeks quashing of complaint (Annexure P-2) titled 'Punjab State v. M/s Bajwa Seed Store & Others' filed under Section 29(i) of the Insecticides Act, 1968 (for short, 'the Act'), order of summoning dated 4.9.2006 (Annexure P-3) and all other consequent proceedings arising out of the said complaint pending before the Chief Judicial Magistrate, Hoshiarpur.

(2.) CONTENTION of the learned counsel for the petitioners is that petitioner Nos. 1 and 2 are the dealers whereas petitioner Nos. 3 and 4 are the distributors. The petitioners had a licence to sell the insecticides manufactured by M/s Hindustan Pulverising Mills which is a licensed manufacturer. Contention of the learned counsel in brief is that perusal of the documents of the respondent themselves indicates that the sample was drawn from a sealed packing. In this regard, reference has been made to the complaint itself wherein at Para 6, it has been mentioned that :-

(3.) LEARNED counsel for the petitioner has also pointed out that on having found the sample sub standard, licence of the petitioner was cancelled by the Chief Agricultural Officer, Hoshiarpur. An appeal was preferred before the Joint Director Agriculture, Punjab. The order of cancellation of licence was set aside vide Order 23.5.2005.