GURU NANAK PESTICIDES NABHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are seeking quashing of criminal complaint titled as State v. M/s. Guru Nanak Pesticides & Ors. (Annexure P3), pending before Chief Judicial Magistrate, Patiala, under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act, in short) and Insecticides Rules, 1971 and consequent proceedings thereto.

(2.) The aforesaid complaint was filed against the petitioners and others with the allegations that on 19.2.2005 samples of Monocrotophos 36%, manufactured by M/s Hindustan Pulverlising Mills Ltd. Delhi from the containers were drawn from the premises of the petitioners. However, on analysis the sample was found misbranded. After completing the usual formalities, the complaint was filed, wherein the petition- crs were arrayed as accused therein being stockists and distributor/dealer of the aforesaid misbranded insecticide.

(3.) The quashing of the impugned complaint has been sought by the petitioners on the ground that the sample was never taken in accordance with the procedure prescribed and the mandatory provisions in drawing, preparing, storing and handling the sample has to be followed; the protection under Section 30(3) of the Act is available to the petitioners, who being the stockists and dealers, were selling the said insecticide in the original form as obtained from, the registered manufacturer; as such no prosecution can be launched against them.