The central legal point established in the judgment is the need for expeditious prosecution to safeguard the accused's statutory defense rights.

( 1 ) THE petitioners are being prosecuted for an offence punishable under Section 29 (1) of the Insecticides Act, 1968 ('act' for short) at C. C. No. 629/95 on the file of the learned JMFC, Bhalki. In this petition under Section 482, Cr. P. C. , they seek quashing of the same.

( 2 ) THE alleged offence pertains to the material trade name of which is ANUFEM and the commercial name is FENVALRATE. Certain undisputed facts may be set out. Purchase was made on 28-11-1994. It was sent for analysis to the Insecticides Control Laboratory at Bellary on 29-11-1994. The Analyst tested it on 2-12-1994 and opined that the sample does not conform to the set standard. Sub-section (2) of Section 24 of the Act requires that a copy of the said report shall be delivered by the Insecticides Inspector to the person from whom the sample was taken. In pursuance of the said requirement under sub-section (2), a copy was delivered on 27-1-1995. As per sub-section (3) of Section 24 of the Act, the above said report of the Insecticides Analyst would be conclusive, unless, within 28 days of the receipt of the notice under sub-section (4), the person concerned notifies to the Insecticides Inspector in writing about his intention to adduce evidence in controversion of the said report. Within the said period of 28 days, the Insecticides Inspector was intimated in writing by the communication dated 20-2-1995. Sub-section (4) of Section 24 inter alia provided that, where sample has not already been tested or analysed in the Central Insecticides Laboratory, like in the present case where it was in a Laboratory other than the Central Insecticides Laboratory, and where a person has under sub-section (3) notified his intention of adducing evidence in controversion of the Insecticides Analyst's report, the Court may of its own motion or in its discretion at the request either of the complainant or of the accused, cause the sample of the insecticide produced before the Magistrate under Section 22 (6) of the Act to be sent for analysis to the Central Insecticides Laboratory, and the result thereof shall be conclusive evidence of the facts stated therein. With this right accrued to the petitioners to have the sample tested in the Central Insecticides Laboratory and thereby to adduce evidence in controversion of the report earlier issued by the Insecticides Analyst, it was to be expected that the prosecution would be launched at the earliest, at any rate, before the shelf life of the material concerned would expire, and to have the sample tested by the Central Insecticides Laboratory, the reason being that, without launching of the prosecution, the Court would not be seized of the matter in order to decide under sub-section (4) of Section 24 of the Act in the matter of sending the sample to the Central Insecticides Laboratory. It is therefore to be expected that, prosecution will be launched expeditiously, at any rate, before the expiry of the shelf life of the material concerned. It so happened that while shelf life of the material concerned expired in February 1995, complaint itself came to be lodged in December 1995. The Supreme Court happened to deal with a similar situation and this is what the Supreme Court said in this regard in State of Haryana v. Unique Farmaid P. Ltd. , (1999) 3 Chand Cri C 101 : (2000 Cri LJ 2962) (Para 11 of Cri LJ):"procedure for testing the sample is prescribed and if it is contravened to the prejudice of the accused, he certainly has right to seek dismissal of the complaint. There cannot be two opinions about that. Then in order to safeguard the right of the accused to have the sample tested from Central Insecticides Laboratory, it is incumbent on the prosecution to file the complaint expeditiously so that the right of the accused is not lost. In the present case, by the time the respondents were asked to appear before the Court, expiry date of the insecticide was already over and sending of sample to the Central Insecticides Laborator

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