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2019 Supreme(P&H) 172

ARVIND SINGH SANGWAN
Gurinder Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Rakesh Verma, Adv., M.S. Nagra, Adv.

JUDGMENT :

ARVIND SINGH SANGWAN, J.

1. Prayer in both the petitions is for quashing of complaint No.25 dated 12.02.2016 under Section 29 of Insecticide Act, 1968 (for short 'the Act') titled as State Vs. M/s Sidhu Pesticide and Seed Store and others and the summoning order dated 12.02.2016 as well as all the consequential proceedings arising out of the complaint.

2. The common facts in both the petitions are that the respondent-complainant had filed the aforesaid complaint against the petitioners in CRM-M-18361-2017 (hereinafter referred to as 'accused No.1 & 2') and petitioners in CRM-M-35067-2018 (hereinafter referred to as 'accused No.3 to 5'), with the allegations that the complainant is an Agriculture Development Officer and has been declared as Insecticide Inspector by the Punjab Govt. and therefore, is empowered to file the complaint under Rule 27 (5) of the Insecticide Rules, 1971 (for short 'the Rules'), being public servant under Section 21 IPC. It is stated in the complaint that necessary consent to launch prosecution against the accused persons under Section 31 (1) of the Act was obtained from the office of Joint Director of Agriculture (Plant Protection), Punjab, who is c









































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