P&H: Quashes Case Against Dealer Under Insecticides Act, Cites Statutory Defence And Six-Year Delay

punjab-haryana
⚖️ Order Date: N/A
Headnotes
Criminal Procedure Code, 1973, S.482, Insecticides Act, 1968, Ss.3(k)(i), 17, 18, 29, 30(3), 33, Insecticides Rules, 1971, R.27(5) — Quashing of complaint against licensed dealer — Prima facie, the petitioners are entitled to the protection envisaged u/s.30(3) - Petitioners are only licensed dealers/sellers of insecticide in question and are not manufacturers - Samples were drawn from originally sealed and packed containers, and there is no allegation of tampering or improper storage - Complaint quashed. (Para

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Facts of the Case
P&H: Quashes Case Against Dealer Under Insecticides Act, Cites Statutory Defence And Six-Year Delay The Punjab and Haryana High Court has quashed a criminal complaint and summoning order against a pesticide dealer and its proprietor, invoking the statutory defence under Section 30(3) of the Insecticides Act, 1968, and noting an unexplained delay of nearly six years in filing the complaint. The case arose from a 2012 sampling of Butachlor 50% EC from originally sealed containers

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