A valuable right conferred by a statute cannot be denied due to the deliberate conduct of the prosecution.

P.K.JAIN, J.

1. M/s. Ravinder Kumar and Brothers, a partnership firm consisting of four partners, has filed the present petition under S. 482 of the Code of Criminal Procedure for quashing the complaint (Annexure P-1) filed under S. 29 read with Ss. 3(k)(1), 17, 18 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act) and Rule 10 of the Insecticides Rules 1971 read with S. 420 of the Indian Penal Code and the summoning order dated 28-1-1993 (Annexure P-2) passed by the Chief Judicial Magistrate, Amritsar.

2. On 25-6-1991, Insecticides Inspector Manjit Singh inspected the shop of the petitioner firm and purchased a sample of Weedicide named Butachlor 50% E.C. after serving a notice in the prescribed form and intimating the purpose for which the same was being purchased. The sample was sent to the Senior Analyst Insecticide Testing Laboratory, Department of Agriculture Punjab and the same was found to be misbranded as it contained 40.80% E.C. instead of 50% E.C. of Butachlor.

3. A show cause notice dated 24-8-1991 was issued by the Chief Agriculture Officer-cum-Licensing Officer Amritsar to the petitioner firm to which a reply dated 16-9-1991 was sent thereby intimating inter alia that the test report of the Senior Analyst was not acceptable to them and they wanted to adduce evidence to controvert the said report under S. 24(4) of the Act and request was made to send the second sample for retesting to the Central Government Laboratory. However, the Chief Agriculture-cum-Licensing Officer by order dated 20-9-1991 cancelled the licence of the petitioner firm, which order was set aside and the licence was restored by the Appellate Authority vide order dated 16-11-1992 (Annexure P-4). After obtaining consent/sanction for prosecution, Insecticides Inspector Anjala filed the complaint (Annexure P-1) dated 17-12-1992 in the Court of Chief Judicial Magistrate, Amritsar against the petitioner firm through its partners as well as manufacturer for the offences mentioned above. The Chief Judicial Magistrate, Amritsar vide order dated 28-1-1993 took cognizance of the complaint and summoned the petitioner firm and its partners as well as the manufacturer for 1-3-1993.

4. The petitioners moved an application (Annexure P-7) under S. 24(3), (4) of the Act for sending the counterpart of the sample to the Director Central Insecticides Laboratory for analysis. This application was opposed by the complainant on the grounds that the shelf life of the insecticide had already expired, although it was admitted that in response to the show cause notice issued to the petitioner firm they had expressed their intention to controvert the report of the Senior Analyst and had requested for sending counterpart of the sample for analysis by the Central Insecticides Laboratory. The Chief Judicial Magistrate rejected this application by order dated 8-7-1993 (Annexure P-9). Hence the present petition.

5. Notice of motion was given to the respondent. In reply it has been stated that the petitioners have violated the provisions of Ss. 3(k)(1), 18 and 19 of the Act by selling and stocking for sale the misbranded Weedicide Butachlor 50% E.C.; that a show cause notice along with copy of the report of the Analyst was served upon the petitioners and they were told well in time that re-analysis of the counter sample could be allowed only by a court. It has been further stated that the prosecution has been launched after obtaining legal sanction as required by law and no ground is made out to quash the complaint.

6. I have heard the learned counsel for the parties and have gone through the record.

7. Shri Navkiran Singh, Advocate learned counsel for the petitioners has pointed out that the sample of the insecticide in question was taken on 25-6-1991 and expiry dated was March 1993. It has been further pointed out by the learned counsel that the report of the Analyst is dated 12-8-1991 which was sent to the petitioners with the show cause notice d