STANDARD SEED CENTRE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed under Section 482 Cr.P.C. seeking quashing of complaint (copy Annexure P3) and the consequential proceedings flowing therefrom. The relevant facts necessary for disposal of this petition may be noticed as under :-

(2.) THE petitioner-firm M/s Standard Seed Centre, Mandi No. 1, Abohar is a licensed firm having a valid authority to sell, store for sale and exhibiting for sale different varieties of insecticides/pesticides. A licence was duly granted to the petitioner firm by the Chief Agriculture Officer, Ferozepur. Ram Kumar is the sole proprietor of the petitioner Firm.

(3.) THE petitioner seeks the quashing of the complaint on the ground that the aforesaid insecticide of which the sample was drawn, was stored in a sealed container in the original form as received from the registered manufacturer and as such, the petitioner did not know whether the insecticide in any way was misbranded having not conformed to the ISI specifications in its active ingredients percentage. There was no averment in the complaint that the sample was not stored in the proper state or it was not in the sealed container. The petitioner claimed protection under Section 30(3) of the Act.