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2023 Supreme(P&H) 575

KARAMJIT SINGH
Mahindra Shubhlabh Services Limited – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Gaurav Chopra, Sr. Advocate with Mr. Rishabh Bajaj, Advocate, for the Appellant; Mr. C.L.Pawar, Addl. AG, Punjab., for the Respondent

JUDGMENT

Karamjit Singh, J. - The petitioners have filed this petition under Section 482 of Cr.P.C. for quashing of the complaint No.COMA/1/2018 dated 24.1.2018 under Sections 3(k)(i), 17, 18, 29 and 33 of Insecticides Act read with Rule 27(5) of the Insecticides Rules, 1971 (Annexure P-1), order dated 29.4.2019 (Annexure P-9) whereby the application instituted by the respondent under Section 473 of Cr.P.C. was allowed and the summoning order dated 29.4.2019 (Annexure P-2) passed by the learned Sub Divisional Judicial Magistrate, Guru Harsahai, District Ferozepur and all the consequential proceedings arising therefrom.

2. Brief facts of the complaint are that on 4.7.2007, Jaswinder Singh, Insecticide Inspector, Guru Harsahai along with Teja Singh, Block Agricultural Officer, Guru Harsahai visited the shop premises of M/s Duggal Pesticides, Guru Harsahai, Ferozepur (dealer), in exercise of the powers conferred upon them by the State Government and drew a sample of insecticide Cartap Hydrochloride 4% G from 5 kg packing manufactured by M/s Acme Organics Private Limited, Noida (UP) having batch No.272, manufacturing date August 2006 and the expiry date July 2008, which was taken at rand

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