KARMA CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD Mr. Ravinder Chopra learned counsel for the petitioners and Mr. I.P.S. Sidhu learned State Counsel appearing for the respondent.

(2.) THE petitioners seek the quashing of the complaint filed under Sections 3(k) (1), 17, 18, 29 and 33 of the Insecticide Act, 1968 read with section 27(5) of the Insecticides Rules, 1971 and all the consequential proceedings arising out of it.

(3.) THE contention of the learned counsel for the petitioners is two-fold. it has been submitted in the first place that the sample in question was taken from the original packing. It has been substantially shown by making a reference of column No. vii of the impugned complaint (copy Annexure P-1) where it is categorically mentioned that the packing was original packing from which the sample was drawn. Even in the impugned complaint, reference was made to the sample taken from the original packing. In para 4 of the impugned complaint, it was mentioned inter alia :-