PUNJAB SEED STORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this case the sample of the insecticides was collected on 1.6.1991. The report of the Analyst was received on 10.6.1991. It indicated that the sample contained 53.3% of 'Butachlors' instead of 50%. In other words, the ingredients marginally exceeded. On this ground it was claimed that the sample was misbranded. The result of the Analyst was intimated to the petitioner by notice dated 29.6.1991. The petitioner by reply dated 3.7.1991 requested that the sample be subjected for analysis that the sample be subjected for analysis by the Central Laboratory. However, the Agricultural Officer, to whom the said reply was sent, did not act. The complaint was filed in the Court on 7.11.1992. I am unable to appreciate the delay in filing the complaint because in such cases the expiry date of the insecticides assumes significance for the purpose of exercise of right under Section 24 of the Insecticides Act, 1968. The expiry date of the insecticides in this case was January, 1995. To my dismay, the Court also took its own time till 17.3.1993 to pass an order to summon the accused -petitioner in the case. Consequently, the petitioner has lost important right of subjecting the sample for analysis by the Central Laboratory as per Section 24(4) of the Insecticides Act. On taking into consideration all these aspects, I am convinced that the complaint deserves to be quashed. Hence the complaint stands quashed. Petition allowed.