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GURBIR SINGH
Bhupinder Singh – Appellant
Versus
State of Punjab – Respondent
GURBIR SINGH, J.
1. The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.155 dated 10.09.2015, under Sections 420, 120-B IPC, Section 7 of Essential Commodities Act 1955 and Section 29 of Insecticides Act, 1968, registered at Police Station City Kotkapura, District Faridkot, and all subsequent proceedings arising out of the said FIR.
2. The case in question is registered on the complaint of Shri Karanjeet Singh Gill, Block Agriculture Officer, Kotkapura. As per allegation, on 10.09.2015, complainant along with others had conducted checking of the premises of M/s Gujarat Mineral, Vijay Cotton Factory, Jalalena Road, Kotkapura. During the course of checking, unauthorized medicines of M/s Gujarat Mineral Company along with unauthorized stocked medicines of M/s National Pesticides and Chemical, Jodsahida Road, Kotkapura and M/s Fineline Agriaids Pvt. Ltd. Shop No.84 New Danna Mandi, Kotkapura were found stored. No license, records, stock register, bill book etc., was found at the spot as such this firm had violated the provisions of Insecticides Act, 1968 and Rules of 1971 as such the concerned firm had perpetuated fraud with the agriculturists and violate
The central legal point established in the judgment is the requirement of prior sanction under Section 31 of the Insecticides Act, 1968, and the specific regulations governing the sale of bioproducts....
The absence of fraudulent intent and the availability of alternative remedies under the Insecticides Act preclude criminal liability under IPC Section 420.
Point of Law : Whether or not any of these bio-products are insecticides, as these are matters which the authorities concerned are required to examine in accordance with the provisions of the Act, th....
Authorities must adhere to due process and credible evidence before taking action against bio-product manufacturers under IPC and relevant regulatory laws.
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