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Judgment
V.K. Bali, J. (Oral)
This petition under section 482 of the Code of Criminal Procedure has been filed for quashing the complaint (Annexure P2) filed under Sections 3(k)(i), 17, 18 and 33 of the Insecticides Act, 1968 read with rule 27(5) of the Insecticides Rules, 1971.
The basic contention of the learned counsel appearing for the petitioners is that a sample of insecticide was taken from a sealed container and, that being the position, the petitioners cannot be convicted under the various sections of the Insecticides Act and the Rules made thereunder. In support of this contention, reliance has been placed on Criminal Misc. No. 8729M of 1992 (M/s. Sandhu Khad Store v. State of Punjab) decided on 12.10.1993 and an order passed by me in Criminal Misc. No. 5225M of 1994 (M/s. Ashok Kumar Ravi Kumar and another v. State of Punjab) on 6th March, 1995.
Notice of this petition was given to the Advocate General, Punjab, for 13.10.1995 on which date, for enabling the respondentState to file reply, as requested, the case was adjourned to 24.11.1995. On the adjourned date, i.e. 24.11.1995, once again the matter was adjourned for today for enabling the respondentState to file reply and it was specifically mentioned that it would be the last opportunity. No reply has been filed in the matter till date. Mr. Masih prays for more time for filing written statement without disclosing the reason therefor. In the light of the facts mentioned above, I do not find it a fit a case where further adjournment should be granted. The sample of insecticide was taken from a sealed container and this fact goes unquestioned. That being so, the matter is squarely covered in favour of the petitioners by a decision of this Court in Criminal Misc. No. 8729M of 1992 (M/s. Sandhu Khad Store v. State of Punjab) decided on 12.10.1993.
For the reasons recorded in M/s. Sandhu Khad Store''s case (supra), this petition is allowed and the complaint against the petitioner is quashed.