Sabina, J. - (1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of complaint No. 38/07 of 25.4.2007 under Sections 3k(1), 17, 18, 29 and 33 of Insecticides Act, 1968 read with Rule 27(5) of the Insecticides Rules 1971 (Annexure P -1) and all the consequential proceedings arising therefrom. The case of the petitioners, in brief is that petitioner No. 1 is the dealer, who has obtained licence for sale of different types of insecticides/pesticides including that of M/s. Vijay Remedies Ltd., Baddi, Solan (H.P.). Petitioner No. 2 is the proprietor of petitioner No. 1 firm. Petitioner No. 3 is the distributor and petitioner Nos. 4 and 5 are the partners of petitioner No. 3 M/s. New Kissan Agro Centre, Grain Market. Khanna District Ludhiana. The shop of petitioner No. 1 was inspected by complainant Ranjit Singh, Insecticides Inspector, Machhiwara on 17.8.2005. Sample at random of one sealed container of 5 litre packing of Butachlor 50% ec (Vilchlor 50% ec) was drawn. On the container the manufacturing date was mentioned as May 2005 and the expiry date was mentioned as April 2007. Batch number of the insecticide was VRL -05, manufactured by M/s. Vijay Remedies Ltd. Baddi, Solan (HP). The sample was sent to the Insecticide Testing Laboratory. The analyst vide report dated 22.8.2005 opined that the sample did not conform to its I.S.I., specifications with respect to its percentage of active ingredient contents and hence it was misbranded. The petitioners along with other manufacturer were ordered to be summoned to face the trial.
(2.) LEARNED counsel for the petitioners has submitted that the petitioners could not be held liable for any misbranding of the sample. The petitioners were dealers/distributors of the insecticide manufactured by M/s. Vijay Remedies Ltd., Baddi, Solan (H.P.). The insecticide was being sold by petitioner No. 1 in sealed containers in original form as obtained from the distributor, who had been supplied the insecticide by the manufacturer. The petitioners did not and could not have ascertained whether the insecticide in any way was being manufactured in contravention of any provision of the Act. The insecticide had been properly stored by the petitioners and had remained in the same state as and when they acquired it. There was no averment in the complaint that the insecticide had not been stored by the petitioners in the proper state. Section 30(3) of the Insecticides Act, 1968, (for short "the Act") reads as under: - - 30. Defences which may or may not be allowed in prosecutions under this Act. - - (3) A person not being an importer or a manufacturer of an insecticide or his agent for the distribution thereof, shall not be liable for a contravention of any provision of this Act, if he proves - - (a) that he acquired the insecticide from an importer or a duly licensed manufacturer, distributor or dealer thereof; (b) that he did not know and could not, with reasonable diligence, have ascertained that the insecticide in any way contravened any provision of this Act; and (c) that the insecticide, while in his possession, was properly stored and remained in the same state as when he acquired it. A perusal of Section 30(3) of the Act shows that the petitioners are entitled to the protection under the same, in case, the sample is taken from the sealed container and the seal had not been tampered with when the same was recovered from the shop. However, the protection would not be available to the dealer or distributor in case the insecticide has not been stored properly.
(3.) IN reply filed by the State of Punjab, it has been admitted that petitioner No. 1 was the dealer, who had obtained the licence for selling and stocking different types of insecticides/pesticides including those manufactured by M/s. Vijay Remedies Ltd., Baddi, Solan (H.P.). In para 2 of the reply filed by the State, it has been stated as under: - - That in reply to the contents of para No. 2, it is submitted that the deponent had visited the shop premises of petitioner No. 1 dealer M/s. Sandhu Kheti Sewa Centre, Rahon Road, Machhiwara (Ludhiana on 17.8.2005. That the deponent had taken the sample on 17.8.2005 of Butachlor 50% ec (Vilchlor 50% ec) bearing batch number VRL -05, manufactured by M/s. Vijay Remedies Ltd. Baddi, Solan (HP). That after selecting one sealed container at random of 5 litres packing out of the stock by the deponent for batch No. VRL -05 of Butachlor 50% ec (Vilchlor 50% ec), then 3 (three) test samples were prepared. It is admitted that the petitioner No. 1 dealer had received this insecticide from M/s. New Kissan Agro Centre, Grain Markiet, Khanna (petitioner No. 3 distributor firm) as per bill No. 951 dated 31.5.2005 in 5 litres sealed packing.;