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2008 Supreme(P&H) 1318

AJAI LAMBA
Bajwa Seed Store – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Petitioners:Mr. Navkiran Singh, Advocate, with Mr. Pankaj Sangari, Advocate.
For the Respondent:Mr. Kamaldeep Singh Sidhu, Deputy Advocate General, Punjab.

JUDGMENT

AJAI LAMBA, J

1. This petition seeks quashing of complaint (Annexure P-2) titled ‘Punjab State vs. M/s Bajwa Seed Store & Others’ filed under Section 29(i) of the Insecticides Act, 1968 (for short, `the Act’), order of summoning dated 4.9.2006 (Annexure P-3) and all other consequent proceedings arising out of the said complaint pending before the Chief Judicial Magistrate, Hoshiarpur.

2. Contention of the learned counsel for the petitioners is that petitioner Nos.1 and 2 are the dealers whereas petitioner Nos.3 and 4 are the distributors. The petitioners had a licence to sell the insecticides manufactured by M/s Hindustan Pulverising Mills which is a licensed manufacturer. Contention of the learned counsel in brief is that perusal of the documents of the respondent themselves indicates that the sample was drawn from a sealed packing. In this regard, reference has been made to the complaint itself wherein at Para 6, it has been mentioned that:-

“I purchased three plastic container (Packing) of Glyphosate 41% (Groundup) cost Rs.240/-on bill basis vide bill No.472 dated 13.7.2004 obtained on bill book of the firms Ms Bajwa Seed Store village Ghogra, Tehsil Dasuya (copy attached














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