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2011 Supreme(P&H) 594

NIRMALJIT KAUR
Naresh Kumar – Appellant
Versus
State Of Punjab Through Insecticide Inspector, Kapurthala – Respondent


Judgment

Nirmaljit Kaur, J.

1. This is a petition under Section 482 Cr.P.C for quashing of the complaint No. 79 dated 02.03.2007 under sections 3(k) (i), 17, 18, 29 and 33 of the Insecticide Act, 1968 read with rules 27 (5) of the Insecticides Rules 1971 titled as State v. M/s. Punjab Khad Store and others pending in the Court of learned Chief Judicial Magistrate, Kapurthala and summoning order and all consequential proceedings arising therefrom qua the petitioners.

2. Facts, in short, are that the petitioner firm is the licensee under Insecticides Act, 1968 to deal in various kind of insecticides and pesticides of registered and approved manufactured companies by Government of India as well as by the Government of Punjab. The petitioner firm sells only originally sealed and packed insecticides/pesticides as packed by registered manufacturing companies, who are authorized by Government of Punjab to sell their products in the State of Punjab and whose addition have been made by the Licensing Authority in the license of the petitioner firm. As per the complainant version, on 07.07.2005, he drew a sample of one insecticide i.e. Monocrotophos 36% SL being batch No. 028 with manufacturin












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