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2014 Supreme(P&H) 925

SURINDER GUPTA
Chandan Pesticides – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Arun Chandra, Advocate for the petitioner (s).
Ms. Shivali, A.A.G., Punjab.

JUDGMENT

SURINDER GUPTA, J.

This judgment dispose of both the petitions captioned above filed under Section 482 Code of Criminal Procedure (for short 'Cr.P.C.') seeking quashing of complaint titled “State of Punjab Vs. M/s Chandan Pesticides and others” filed for the offence punishable under Section 29 read with Sections 3(K), 17, 18 and 33 of Insecticides Act, 1969.

As per the complaint filed by Insecticide Inspector Block Verka District Amritsar, he inspected the premises of M/s Chandan Pesticides on 30.05.2009 along with Satender Singh Agriculture Development Officer. Petitioner Rajesh Mehta, sole proprietor of that firm, was present there. The sample of Methyl Parathion having label bearing No.SCL-787 manufacturing date November 2008 and expiry date April 2010, was taken. The mode of taking of sample has been described in para Nos.4 and 5 of the complaint as follows:-

“4. That I introduced myself and other member of the team to Sh.Rajesh Mehta Proprietor of M/s Chandan Pesticide GT Road Hide Market Amritsar. I served a notice to him in from XX intimating my intention to draw a loose sample of Methyl Parathion 2% DP for test/analysis. For this purpose I prepared the sampling deta







































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