AJAI LAMBA, J. - (1.) THIS petition seeks quashing of complaint (Annexure P-2) titled 'Punjab State v. M/s Bajwa Seed Store & Others' filed under Section 29(i) of the Insecticides Act, 1968 (for short, 'the Act'), order of summoning dated 4.9.2006 (Annexure P-3) and all other consequent proceedings arising out of the said complaint pending before the Chief Judicial Magistrate, Hoshiarpur.
(2.) CONTENTION of the learned counsel for the petitioners is that petitioner Nos. 1 and 2 are the dealers whereas petitioner Nos. 3 and 4 are the distributors. The petitioners had a licence to sell the insecticides manufactured by M/s Hindustan Pulverising Mills which is a licensed manufacturer. Contention of the learned counsel in brief is that perusal of the documents of the respondent themselves indicates that the sample was drawn from a sealed packing. In this regard, reference has been made to the complaint itself wherein at Para 6, it has been mentioned that :- "....I purchased three plastic container (Packing) of Glyphosate 41% (Groundup) cost Rs. 240/- on bill basis vide bill No. 472 dated 13.7.2004 obtained on bill book of the firms Ms Bajwa Seed Store village Ghogra, Tehsil Dasuya (copy attached as Annexure P4)." Learned counsel has further referred to Annexure P-5 i.e. Form filed under Rule 33 of the Insecticide Rules, 1971 (for short, 'the Rules') wherein at column No. 5, it has clearly been mentioned that sample was drawn from an original packing. Reference has also been made to Annexure P-6 which is a Form filed under Rule 24 of the Rules wherein it has been mentioned that the seal was intact and unbroken. In Para 6(ii), it has clearly been asserted that the sample was drawn from the original packing and the seal on the sample taken was intact.
(3.) LEARNED counsel for the petitioner has also pointed out that on having found the sample sub standard, licence of the petitioner was cancelled by the Chief Agricultural Officer, Hoshiarpur. An appeal was preferred before the Joint Director Agriculture, Punjab. The order of cancellation of licence was set aside vide Order 23.5.2005.;