YOGESH DUTT Vs. THE STATE OF TAMILNADU

JUDGEMENT

(1.) This petition has been filed seeking to call for the records relating to the proceedings in C.C. No. 31 of 2009 on the file of the learned Judicial Magistrate, Aruppukottai and quash the same as devoid of merits as against the petitioner. The minimum facts that are required for adjudicating this petition, are as follows:

(2.) Heard the learned counsel on either side.

(3.) The facts narrated above are admitted by both sides. The insecticide that was seized by the complainant was manufactured on 02.11.2006 and the date of expiry was given as 01.11.2008. The petitioner received the show cause notice on 08.01.2008 and by reply dated 24.01.2008, repudiated the test report and prayed for re-analysis in terms of Section 24 (3) of the Act, 1968 by Central Insecticides Laboratory, Faridabad. Under such circumstances, the prosecution should have been launched by the complainant before 01.11.2008 that is before the date of expiry of the insecticide, but whereas the complainant slept over the matter and instituted the complaint only on 02.01.2009, which is after the expiry date. Therefore, the petitioner lost his valuable right under Section 24(3) of the Act, 1968 for re-analysis.