A.M.KHANWILKAR, DIPAK MISRA
Indofil Industries Ltd. – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
A.M. Khanwilkar, J.
1. The appellants invoked the jurisdiction of the High Court of Punjab and Haryana at Chandigarh under Section 482 of the Criminal Procedure Code, 1973 being CRM-M-4458 of 2016, for quashing of the prosecution instituted against them by the State for an offence punishable under Sections 3(k)(i), 17, 18, 29, 30 and 33 of The Insecticides Act, 1968 (for short "the Act"). The principal ground urged before the High Court was about the gross violation of mandatory provisions of the Act particularly Section 22, resulting in immense prejudice to the appellants. For, the appellants were neither served with the report of the Analyst nor afforded any opportunity to exercise their right of analysis of the spare sample. Whereas, the spare sample was sent for analysis to the Central Insecticides Laboratory without institution of any proceedings. Failure to produce the second sample before the Court where the criminal case was launched against the appellants was contrary to Section 22(6)(ii) of the Act. It was also contended that the appellants, who are the manufacturers of the product, were arraigned as an accused in the criminal case contrary to the spirit of Secti
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