GILL PESTICIDES AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') for quashing the complaint No.4296 dated 03.07.2014 (P-2) and summoning order dated 03.07.2014 (P-3) whereby the petitioners along with co-accused i.e. manufacturer and its authorized persons etc. have been ordered to be summoned to face trial under Sections 3k(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 (for short 'Act of 1968') read with Rule 27(5) of the Insecticides Rules, 1971 (for short 'Rules of 1971') by learned Chief Judicial Magistrate, Ludhiana along with all consequential proceedings arising therefrom.

(2.) Learned counsel for the petitioners made two fold submissions (i) that sample was drawn from the original packing and as such, in view of the provisions of sub-section 3 of Section 30 of the Act of 1968 the complaint (P-2) as well as summoning order dated 03.07.2014 (P-3) are not legally sustainable and (ii) that sample was drawn on 28.12.2011 and the same reached to the laboratory on 10.01.2012 i.e. after delay of 13 days and as such the same is in violation of sub-section (6) of Section 22 of the Act of 1968.

(3.) On the other hand, learned State counsel opposed the contentions of learned counsel for the petitioners and submitted that the petitioners have deliberately concealed the withdrawal of earlier quashing petition bearing CRM-M-9357-2015 wherein all the pleas were raised, but did not find favour of this Court and the same was dismissed as withdrawn with liberty to pursue other remedies in accordance with law, vide order dated 05.10.2015. It is further submitted that the petitioners, being dealer were selling the insecticide in question, which was found to be "misbranded" as defined under Section 3(k)(i) of the Act of 1968 and thus, they are fully liable for prosecution in view of the provisions of Section 29 (1)(a) of Act of 1968.