STATE OF GUJARAT Vs. CHUNILAL JIVRAJBHAI

JUDGEMENT

(1.) The State has preferred this appeal against the impugned judgment and order dt. 27-5-81 passed by the learned Chief Judicial Magistrate Junagadh in Summary Case No 14 of 1981 whereby the learned Magistrate acquitted the respondents accused who were charged for the offences punishable u/Ss. 3 17 18 and 29(1)(a) of the Insecticides Act 1968

(2.) The learned Magistrate has acquitted the accused on the ground that the report of the Central Insecticides Laboratories has not at all been received and produced before the Court and there is gross delay and the same has at all been explained by the State agency. Therefore the prosecution has failed to prove its case against the accused and accordingly the learned Magistrate acquitted the accused.

(3.) It is to be noted that the sample of D.D.T. 50 % was taken by the complainant on 16-8-78 which was sent by the complainant to the Junagadh Laboratory for analysis and report on 23-8-78. Thereafter a complaint was filed by the complainant against the accused before the learned J.M.F.C. Junagadh on 7-4-80 and therefore a case was ordered to be registered. On 30-7-80 again the summons was ordered to be issued and it appears from the Rojkam of this case that on 20 respondent No. 1 accused was served with the summons and in response to that summons he remained present before the Court and on his behalf an application Exh. 5 was submitted to send the sample for analysis to the Central Insecticides Laboratory and accordingly the learned Magistrate passed an order and sample was sent to the Central Insecticides Laboratory on 20 However from the Rojkam of this case it appears that the learned Magistrate adjourned the case from time to time and finally on 27-5-81 he ordered to acquit the accused on the ground that the report had not yet been received by the Court regarding the sample which was sent to the Central Insecticides Laboratory.