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2010 Supreme(P&H) 369

HARBANS LAL
Ramesh Kumar – Appellant
Versus
State Of Punjab – Respondent


Judgment

Harbans Lal, J.

1. This petition has been moved by Ramesh Kumar, M/s. Malka Kheti Store through its proprietor (Ramesh Kumar), Vijay Kumar and M/s. Dhawan Brothers through its partner (Vijay Kumar) under Section 482 of the Code of Criminal Procedure for quashing the complaint No. 35 dated 7.11.2008 Annexure P-1 under Section 3(k), (i), 17, 18,29 and 33 of Insecticide Act, 1968 (for brevity the Act) read with rule 27(5) of Insecticides Rules 1971, titled as State v. M/s. Malka Kheti Store and others pending in the court of learned Sub Divisional Judicial Magistrate, Patti, District Tarn Taran, the summoning order Annexure P-2, and all consequential proceedings arising therefrom.

2. The brief facts giving rise to this petition are that the petitioners are the licensee under the Act to deal in various kinds of insecticides and pesticides manufactured by the companies. They sell only 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.

3. On 17.06.2007 the complainant drew a sample of one insecticide i.e. Pretiiachlor 50% EC bearing Batch No. TR-00002





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