M/s. Dashmesh Kheti Store and others vs State of Punjab

Ajai Lamba, J.—This petition has been filed u/s 482 Cr.P.C. praying for quashing of complaint dated 03.01.2007 under Sections 3(k)(i),

17, 18, 29 and 33 of the Insecticides Act, 1968 (for short ''The Act'') read with Rule 27 (5) of the Insecticides Rules, 1971 (for short ''The

Rules'') entitled State v. Dashmesh Kethi Store and others, pending in the Court of JMIC, Moga. The petition further prays for quashing of order

of summoning dated 03.01.2007 Annexure P-2. Short contention of learned counsel for the petitioners is that petitioner No. 1 is a dealer in

insecticides. Petitioner No. 2 is proprietor of petitioner No. 1. Petitioner No. 3 is the distributor of insecticides that has supplied insecticides to

petitioner No. 1 and petitioner No. 4 is the proprietor of petitioner No. 3.

It has been argued that sample of insecticide was taken from the premises of petitioner No. 1 on 26.07.2005 from a sealed container. Learned

counsel for the petitioners contends that it is the admitted case that none of the petitioners is manufacturer of the insecticide. There is no evidence

to indicate that the container was not stored properly so as to invite any punitive action under the Act and the Rules.

Learned counsel for the respondent-State admits that the petitioners are not the manufacturers of the insecticide. It is further the admitted case

that sample of insecticide was taken from a sealed container. There is no evidence to indicate that the petitioners did not store the insecticide as

required by Rules.

In view of the above, I am of the considered opinion that the petitioners cannot be held liable for the actions of the manufacturer. Sample was

taken from a sealed container. The petitioners had no occasion to know as to the adulteration in the insecticide because sample of insecticide was

taken from a sealed container. In such circumstances, continuance of proceedings shall only result in harassment of the petitioners. The petitioners

cannot possibly be convicted for the offence, in view of the admitted position. Further continuance of proceedings shall be an abuse of process of

Court and process of Law.

In view of the above, the petition is allowed. Complaint dated 03.01.2007 under Sections 3(k)(i), 17, 18, 29 and 33 of The Insecticides Act,

1968 read with Rule 27(5) of the Insecticides Rules, 1971 entitled State v. Dashmesh Kethi Store and ors., pending in the Court of JMIC, Moga

and order of summoning Annexure P-2 qua the petitioners are hereby quashed.