JUDGMENT

Vinod S. Bhardwaj, J. - The question which arises for consideration in the instant petition is as to whether a marketing agency/licensed dealer can be held responsible under the Insecticides Act, 1968, for the contents of the samples when it is not disputed that the seal of the sample was intact at the time of sampling?

2. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal complaint No.COMA-259 of 2018 (wrongly mentioned as filing No.COMA/1016/2018 in the head note of the petition), File No.178 dated 25.05.2018 (Annexure P-2) under Sections 3k(i) 17, 18, 29 and 33 of Insecticides Act, 1968 and Rule 27 (5) of Insecticide Rules, 1971 titled as 'Punjab State Versus M/s Mohinder Kumar Heshane Kumar and Others' pending in the Court of Sub Divisional Judicial Magistrate, Talwandi Sabo as well as the subsequent proceedings including the order of summoning dated 25.05.2018 (Annexure P-4) being an abuse of the process of law and barred by limitation prescribed under Section 468 of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C.') and hit by Section 30(3) of The Insecticides Act, 1968.

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