BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

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

(2.) THE undisputed facts are that the complaint was filed on behalf of State of Punjab through Mr. Surinder Pal Singh, Insecticide Inspector, Agriculture Department, Jalalabad. This complaint was filed under Sections 3(k)(i), 17, 18, 33 punishable under Section 29 of Insecticide Act, 1968 with rule 27(5) of Insecticide Rules, 1971. The dealer as well as the manufacturer and the distributor were prosecuted vide this complaint. The complaint was filed in the Court of learned Magistrate on 25.5.1994. According to the complainant, they had inspected the premises of the accused and collected sample on 17.6.1993. One sample in sealed container was given to the accused. The date of manufacturing of the Insecticide was February, 1993 while expiry date was July, 1994. As already noted the complaint was filed on 25.5.1994. All the accused were summoned by the learned Chief Judicial Magistrate for 24.8.1995. The date of the insecticide seized had already expired and the petitioner before this Court has lost valuable right of having third sample tested by the concerned Laboratory.

(3.) THERE cannot be any dispute to the proposition of law that once a dealer or manufacturer makes a request for getting third sample tested by the concerned Laboratory, the Department and even the Court would not have any choice but to permit such request. If such valuable right of the accused is taken away, that too by some inaction and complete inefficiency and negligence on the part of the complainant, it will certainly amount to denial of fair trial and the right of defence of the accused will be seriously prejudiced. For the reasons afore-stated and the judgment of this Court in Criminal Misc. No. 21572-M of 1995 (Jai Shree Pvt. Ltd. v. State of Haryana), I have no hesitation in holding that the present complaint is liable to be quashed as the accused has been deprived of his valuable right to have third sample analysed in accordance with the provisions of the Act and the rules framed thereunder.