THAKAR CHEMICALS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) I have heard learned counsel for the parties.

(2.) THE undisputed facts appearing on record are that a sample of Dimethoate- 30% was taken from M/s Thakar Chemicals (Manufacturer) on 11.8.1992. Copy of the analyst report along with show cause notice was sent to the accused on 5.11.1992. The accused in reply thereto made a request vide letter dated 12.11.1992 that 2nd sample be sent to the Central Laboratory for testing. The complaint in this case was filed on 16.8.1995, while the shelf life of the sample itself expired in the month of June, 1993. The accused appeared in court on 14.11.1995. Thereafter, the present petition under Section 482 of Code of Criminal Code read with Article 227 of the Constitution of India was filed for quashing the complaint as valuable right of the accused-petitioners to have the second sample tested in accordance with law has been defeated by the own default of the department, in launching the complaint.

(3.) AT this stage, it may be appropriate to refer to the judgment of this court rendered in the case of Mewa Singh v. Prithipal Singh Insecticides, 1994(1) RCR 94, where the court held as under :-