Gurmej Singh and another vs State of Punjab

Ajai Lamba, J.—This is a petition u/s 482 of the Code of Criminal Procedure for quashing of complaint under Insecticide Act, 1968 read with Insecticides Rules, 1971, Annexure P-1 and summoning order Annexure P-2.

It is asserted in the petition that the petitioners have a licence to sell insecticide. On 17.1.2004 a sample was drawn of an insecticide namely ISOPROTURON 75% WP from sealed and packed container of 500 gms each from the premises of the petitioners firm. The said insecticide was manufactured by M/s. Reliance Organic, Bijnor. There is no material to indicate that the insecticide was not properly stored. It is pleaded that the petitioners cannot be held responsible for misbranding the produce as the petitioners admittedly are only involved in the sale of insecticide and not in the manufacture. The manufacturers are facing proceedings in the complaint.

Learned counsel appearing for the respondent State has, while relying upon reply, very fairly taken a stand that petitioners are only involved in selling of the product. The sample was drawn from sealed container and there is no material to indicate that it was not properly stored.

Considering the facts and circumstances of the case, this petition is allowed. The complaint Annexure P-1 against the petitioners, the summoning order Annexure P-2 only against the petitioners and proceedings as against the petitioners only are quashed.