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Satinder Pal and Others vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 4 March 2010 · Citation: (2011) 1 RCR(Criminal) 212

HON’BLE JUDGES
Ram Chand Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482
CASE NUMBER
Criminal Miscellaneous No. 31890 of 2009
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Judgment

6 paragraphs · 339 words

Ram Chand Gupta, J.—This is petition filed u/s 482 Code of Criminal Procedure for quashing of complaint No. 123 dated 19.11.2008, titled as ''State v. S.P. Trading Co. and Ors. complaint No. 123, under Insecticide Act, 1968 read with Insecticide Rules, 1971 pending in the Court of Chief Judicial Magistrate, Barnala (Annexure P-1) and summoning order dated 7.9.2009 (Annexure P-9) and all consequential proceeding arising therefrom.

2.

It has been contended that Petitioners are only dealers and that even as per case of prosecution, sample was drawn of Monocrotophos 36% SL bearing Batch No. 006 with manufacturing date 6.5.2006 and expiry date 5.11.2007, out of the litre originally sealed and packed container from shop of Petitioner No. 2 and the sample was drawn after breaking the seal. As per stand of Petitioners, the same was manufactured by M/s Shreeji Pesticides Pvt. Ltd. Vadoara (Gujarat). The material was sold by Petitioner No. 4 to Petitioner No. 2 in the same condition. Petitioners also having license for selling the insecticides. There are no allegation that insecticides were not property stored.

3.

In reply, filed on behalf of State, the contents of para No. 3 of the petition have not been disputed. It is also contended of learned Counsel for the State that the sample were drawn from sealed contained and that none of the Petitioner is manufacturer.

4.

Learned Counsel for the Petitioners has also placed reliance upon Lochen Kheti Sewa Centre Behrampur Bet. v. State of Punjab 2008 (2) RCR 22, wherein on the similar facts Co-ordinate Bench of this Court ordered for quashing of complaint and summoning order and the proceedings against the dealers.

5.

In view of these facts and circumstances of the case, the present petition is allowed and the complaint No. 123 dated 19.11.2008, titled as under Insecticide Act, 1968 read with Insecticide Rules, 1971 pending in the Court of Chief Judicial Magistrate, Barnala (Annexure P-1) and summoning order dated 9.7.2009 (Annexure P-9) and all consequential proceedings arising therefrom, are quashed.

The petition is disposed of.