Ajai Lamba, J.

1. This is a petition under Section 482 of the Code of Criminal Procedure for quashing of complaint under Insecticide Act, 1968 read with Insecticides Rules, 1971 Annexure P-1 and summoning order Annexure P-2.

2. In para 3 of the petitioner it is specifically pleaded that on 11.1.2005 a sample was drawn of an insecticide namely ALPHAMETHRIN 10% EC manufactured in June 2005 and expiry being in May 2006. The sample was drawn from three containers of 250 ml each which was sealed and packed from the premises of the petitioner firm. The said insecticide was manufactured by M/s. Singhal Presticide Industries, Muzaffarnagar. The petitioner had a licence for selling the insecticide and the insecticide was properly stored. On issue of notice of motion, reply has been filed. In reply to contents of para 3, the facts are stated to be correct and admitted.

3. Learned counsel appearing for the respondent/State has very fairly stated that the petitioner is not the manufacturer. The sample was drawn from sealed packets and there is no material to indicate that it was not properly stored. Under the circumstances the petitioner cannot be held liable for misbranding of the ins