SAINI KHETI SEWA CENTRE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) M /s Saini Kheti Sewa Centre has filed this petition under Section 482 of the Code of Criminal Procedure (in short the Cr.P.C) for quashing of criminal complaint (Annexure P-1) filed against petitioner and another under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 read with Rule 27(5) of Insecticides Rules, 1971.

(2.) IT is undisputed that the petitioner is licensed dealer and sample of insecticide which was found to be misbranded was seized from a sealed container from the petitioner's premises. Complaint has been instituted against the petitioner-dealer as well as against the manufacturer of the insecticide.

(3.) LEARNED counsel for the petitioner relying on two judgments of this Court in the case of Gurmej Singh and another v. State of Punjab, 2008(2) RCR(Criminal) 24 and Deepak Sharma and others v. State of Punjab, 2008(2) RCR(Criminal) 24, contended that the dealer cannot be prosecuted under the Insecticides Act, when the sample was seized from a sealed container and only manufacturer can be prosecuted.