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2023 Supreme(P&H) 1100

JASJIT SINGH BEDI
Gagan Trading Co. – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. R.K. Girdhar, Advocate, for the petitioners.
Mr. Kirat Singh Sidhu, DAG, Punjab.

JASJIT SINGH BEDI, J.

This order shall dispose of two petitions bearing Nos. CRM-M-49611-2021 filed by M/s Gagan Trading Company and another (Distributor) and CRM-M-51184-2021 filed by M/s Modern Kheti Store and others (Dealer).

2. For the sake of convenience, the facts are being taken from CRM-M-49611-2021 filed on behalf of M/s Gagan Trading Company and another.

3. The prayer in the present petitions is for the quashing of criminal complaint No.COMA-368/2021 dated 24.05.2021 under Sections 3(k)(i), 17, 18 and 33 of the Insecticide Act, 1968 and Rule 10(4)(iii) of Insecticide Rules, 1971 punishable under Section 29 of the Insecticides Act, 1968 (Annexure P-4), the summoning order dated 23.08.2021 (Annexure P-5) passed by the Chief Judicial Magistrate, Amritsar and all consequent proceedings arising therefrom.

4. The brief facts of the case are that on 08.08.2020, the Insecticide Inspector, Block Verka, District Amritsar, alongwith Sh. Balwinder Singh ADO (P.P.), District Headquarter, Amritsar inspected the shop of the dealer-M/s Modern Kheti Store, Amritsar (petitioner in CRM-M-51184-2021) and drew a sample of insecticide-Cartap Hydrochloride 4% G having Batch No.2007010, manufacturin

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