Punjab-Haryana High Court
M/S Indo Gulf Corporation Limited And ... vs State Of Punjab Through Insecticide ... on 14 December, 2010
Author: Ranjan Gogoi
Bench: Ranjan Gogoi
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No. M-5405 of 2003
Date of decision:- 14.12.2010
M/s Indo Gulf Corporation Limited and others.
......Petitioners
Vs
State of Punjab through Insecticide Inspector, Office of
Agriculture Officer, Kharar, District Ropar.
......Respondent
CORAM:-HON'BLE MR. JUSTICE RANJAN GOGOI
Present: None for the petitioners.
Mr. Rajesh Bhardwaj, Addl. AG, Punjab.
****
RANJAN GOGOI, J (ORAL)
This application has been filed for quashing of a complaint petition filed under the provisions of the Insecticides Act, 1968 (hereinafter to be called as the 'Act' only) against the petitioners. The complainant/respondent, in the present case, is the Insecticide Inspector in the office of the Agriculture Officer, Kharar, District Ropar, Punjab.
None appears for the petitioners. However, I have gone through the contents of the complaint petition in respect of which interference has been prayed for. As the case appears to be covered by an earlier decision of this Court, I am of the view that it will be -2- appropriate to decide the case on merits instead of dismissing the same for non-prosecution.
The brief facts that will be necessary to be noticed may be recapitulated below.
On 05.05.2000 a sample of the insecticide was taken from the godown of M/s Indo Gulf Corporation Limited, Zirakpur and following the provisions of the Act one part of the sample was sent for analysis. The report of the Public Analyst dated 12.05.2000 was to the effect that the sample of insecticide was mis-branded. Copies of the said report were communicated to the petitioners on 15.05.2000, whereafter the request made by the petitioners for reanalysis of another part of the sample was received on 01.06.2000. The complaint petition was filed on 13.06.2001. As the shelf life of the insecticide, of which sample was taken, expired on 31.05.2000 the instant petition has been filed for quashing the complaint proceedings, inter-alia, on the ground that the right of reanalysis vested under Section 24(4) of the Act has been infringed.
In CRM No. M-734 of 2009, titled as M/s Bayer Crop Science India Ltd. and another Vs. The State of Punjab through Insecticide Inspector, Muktsar, Punjab, decided on 22.11.2010, this Court has already taken the view that the right to have another part of the sample reanalyzed by the Central Laboratory is a valuable right and any infringement thereof would vitiate the criminal prosecution. In the said order a view was also taken that the -3- right to ask for the reanalysis would be available only after the criminal prosecution had been launched in as much as such rights have to be given effect to under orders of the Court.
In the present case, admittedly the shelf life of the sample expired before the criminal complaint was instituted on 13.06.2001. The decision of this Court in M/s Bayer Crop Science India Ltd. and another's case (supra), therefore, would be squarely applicable to the facts of the present case. Following the said decision rendered in M/s Bayer Crop Science India Ltd. and another's case (supra), I am of the view that the complaint proceeding against the accused- petitioners is liable to be quashed. It is, therefore, ordered accordingly and the Criminal Miscellaneous application is allowed.
(RANJAN GOGOI) 14.12.2010 JUDGE Amodh