AMAR KHAD STORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These two cases i.e. Criminal Misc. No. 20088-M of 1995 and Crl. M. No. 1752-M of 1995 are bracketed together for the purposes of disposal as the merits of both these cases are similar to each other and the legalities involved for adjudication are also the same.

(2.) In Criminal Misc. No. 120088-M of 1995, the petitioner Amar Dass Sharma, Proprietor of M/s. Amar Khad Store is involved for an offence under Section 3(k) (i), 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act) read with Rule 27(5) of the Insecticides Rules, 1971 (hereinafter referred to as the Rules) pending in the Court of Chief Judicial Magistrate, Gurdaspur.

(3.) The petitioner seeks the quashing of the proceedings pending before the Chief Judicial Magistrate, Gurdaspur on the ground that the petitioner had obtained the licence from the Chief Agricultural Officer, Gurdaspur for the purposes of selling different types of insecticides and the same are manufactured by M/s. Arti Minerals which is a registered manufacturer of such insecticides for which the licence has been granted to it by the State Government of Punjab. Even in the licence issued by the Chief Agricultural Officer, the name of manufacturer is incorporated and the petitioner has been authorised to sell the insecticides manufactured by M/s. Arti Minerals.