V.M.JAIN,J - (1.) THIS is a petition under Section 482, CrPC, filed by the accused-petitioner, seeking quashment of the criminal complaint under Section 3(k)(I), 17, 18, 19, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act) read with Section 27(5) of the Insecticides Rules, 1971 (hereinafter referred to as the Rules) and also seeking quashment of all subsequent proceedings, arising out of the said complaint.
(2.) IN the petition, it was alleged that the petitioner had been prosecuted, being the dealer. It was further alleged that even as per the averments in the petition, the Insecticides Inspector had drawn a sample of Butachlor 50% from the one-litre pack/container. It was alleged that the petitioner was selling the insecticides in sealed containers in the original form, as obtained from the manufacturer and the petitioner could not be prosecuted on that account. Annexure P1 is the copy of the complaint, lodged by the State through Insecticides Inspector against the present petitioner and others, in which it was mentioned that the petitioner was in possession of 100 containers of JOLT Brand Butachlor 50% of one-litre packing and that he had selected at random one container, out of 100 containers manufactured by M/s Jay Shree Rasayan Udyog Ltd. and that after opening the seal of the selected container, he made it homogeneous and put it in three specified tin containers, approximately 250 ml quantity of the insecticide and duly sealed the same.
(3.) IN para 5 of the written reply, filed by Sh Gurcharan Singh, Insecticides Inspector, it was admitted that the sample was taken from the sealed container.;