Ram Chand Gupta, J.
1. The present petition has been filed by M/s Shukal and sons under Section 482 of Code of Criminal Procedure for quashing of complaint under Section 3(k)(i), 17/18/21/29/30 and 33 of the Insecticides Act, 1968 and Rules 1971 framed thereunder.
2. I have heard learned Counsel for the parties and have gone through the whole record.
3. Briefly stated, the allegations against the present petitioner and others are that on 04.07.2003 sample of Glyphostate 41% SL of 1 litre, Batch No. 33030012, manufactured by M/s Monsanto India Ltd., with manufacturing date 10.03.2003 and expiry dated 09.03.2005 from a sealed container were drawn from the premises of M/s Sanjeev Sales Corporation co-accused. On analysis the sample was found to be misbranded as it was found containing active ingredients contents of 43.52% against 41% prescribed. After completion of necessary formalities, the complaint was filed. The present petitioner has been arrayed as accused being distributor alongwith dealer and the manufacturer.
4. Quashing of impugned complaint has been sought on the ground that sample was taken from a sealed container, which was sold by the present petitioner to the dealer in the same condition in which it was supplied to him by the manufacturer and hence, no prosecution can be launched against him. It is further contended that on the similar facts co-accused M/s Sanjeev Sales Corporation and others from whom sample was drawn had filed Crl. Misc. No. 50548-M of 2006 before this Court and vide order dated 19.11.2008 complaint qua them was quashed. The case of present petitioner is on the similar grounds. Hence, it is contended that only manufacturer is liable and not the Distributor or the Dealer.
5. It has been fairly conceded by learned Counsel for the State that the case of the present petitioner is no different than that of M/s Sanjeev Sales Corporation & and others and that the same is fully covered by the decision of this Court, Annexure P3.
6. Hence, in view of these facts, the present petition is accepted and the complaint under Section 3(k)(i), 17/18/21/29/30 and 33 of the Insecticides Act, 1968 and Rules 1971 framed there under alongwith all consequential proceedings arising there from, is, hereby, quashed.