ARVIND KUMAR,J. - (1.) THE petitioners are seeking quashing of criminal complaint titled as State v. M/s Bansal Fertilizers and Ors., pending before Chief Judicial Magistrate, Mansa, under Sections 3(k)(i), 17, 18, 21, 29, 30 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act, in short) and Insecticides Rules, 1971 and consequent proceedings thereto.
(2.) THE aforesaid complaint was filed against the petitioners and others with the allegations that on 3.8.2000 samples of Monocrotophos 36% and Fenvalrate 20%, manufactured by M/s Singhal Pesticides Industries, manufactured in July 2000, with expiry in January and June 2002 respectively from the containers were drawn from the premises of the petitioners. However, on analysis the samples were found mis-branded. After completing the usual formalities, the complaint was filed, wherein the petitioners were arrayed as accused therein being distributor/dealer of the aforesaid misbranded insecticide. The quashing of the impugned complaint has been sought by the petitioners on the ground that the the sample was never taken in accordance with the procedure prescribed and the mandatory provisions in drawing, preparing, storing and handling the sample has to be followed; the protection under Section 30(3) of the Act is available to the petitioners, who being the dealers, were selling the said insecticide in the original form as obtained from the registered manufacturer, as such no prosecution can be launched against them.
(3.) NO reply on behalf of the State has been filed despite due opportunities granted for the purpose. However, it has been averred that the dealer as well as company are equally liable for selling misbranded insecticides, as such the petitioners are rightly sued for contravening the aforesaid provisions of Act.;