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2002 DIGILAW 960 (PNJ)

S. Parthasarthy v. State Of Punjab

2002-09-20

HEMANT GUPTA

body2002
Judgment Hemant Gupta, J. 1. Present is a petition under Section 482 Cr.P.C. for quashing of the complaint under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 read with Rule 27(5) of the Insecticides Rules, 1971 filed by S. Parthasarthy, Managing Director of M/s. Agro Chemical Industries, Poenamalee, Madras, manufacturer of Insecticide Monocrotophos 36%. 2. The petitioner has invoked the jurisdiction of this Court for quashing of the complaint inter alia on the grounds that the sample of the insecticide was taken on 26.8.1988. The shelf life of the insecticide was to expire in November, 1989. However, the petitioner was served of the proceedings only on 17.9.1991 i.e. after the shelf life of pesticide has expired and thus, defeated the right of the petitioner to seek reanalysis of the insecticide from the Central Insecticides Laboratory. 3. Although in the petition it was mentioned that the complaint was filed on 14.6.1989 though the consent was taken for prosecution on 5.1.1990 but in the written statement, the State has submitted that the complaint was filed on 1.10.1990 after obtaining the consent on 5.1.1990. 4. I have heard Shri Ravinder Chopra, learned Senior Counsel for the petitioner and Ms. Swati Gupta, Assistant Advocate General, Punjab and with their assistance have gone through the records of the case. 5. After hearing the learned Counsel for the parties, I am of the opinion that the right of the petitioner to seek reanalysis from the Central Insecticides Laboratory has been defeated. Although the sample was taken on 26.8.1.988 but the complaint was filed only on 1.10.1990 after the expiry of shelf life. The petitioner could exercise the right to seek reanalysis either before the Court before which the proceedings in respect of sample are instituted or by controverting the analysis report within 28 days of the receipt of the copy of the report by informing in writing to the Insecticide Inspector. But the right of the petitioner to get the sample reanalysed from the court has been defeated by lodging the complaint after the expiry of shelf life. It has defeated the valuable right of the petitioner. 6. The Honble Supreme Court in State of Punjab v. National Organic Chemical Industries Ltd., JT 1996(10) SC 480, has held that the right to seek reanalysis is valuable right. No such right can be defeated. It has defeated the valuable right of the petitioner. 6. The Honble Supreme Court in State of Punjab v. National Organic Chemical Industries Ltd., JT 1996(10) SC 480, has held that the right to seek reanalysis is valuable right. No such right can be defeated. Thus, the proceedings against the accused are liable to be quashed. 7. Consequently, I am of the opinion that the right of the petitioner to seek reanalysis has been defeated inasmuch as the complaint has been filed after the expiry of shelf life. Thus, the present petition is accepted and the complaint, Annexure P.1 is quashed.