S PARTHASARTHY Vs. STATE OF PUNJAB

JUDGEMENT

(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.