FATEH DEEP SINGH
Indofil Industries Ltd – Appellant
Versus
State of Punjab – Respondent
FATEH DEEP SINGH, J.
1. This is a petition under Section 482 Cr.P.C. preferred by the petitioners, who are accused before the trial Court and have challenged their prosecution by the respondent-State for having committed offences punishable under Section 3(K)(i) 17, 18, 29, 30 and 33 of the Insecticides Act, 1968 (in short, 'the Act') and Insecticides Rules 1971 (in short, 'the Rules').
2. The brief contentions of the petitioner's side are that there has been gross violation of the mandatory provisions of the Act, especially, Section 22 of the Act which has caused immense prejudice to the case of the petitioners, who were neither served with the report of the Analyst nor were afforded an opportunity to exercise their powers for reanalysing of the spare sample and that the second sample was analysed without institution of any proceedings and, thus, stood vitiated under Section 22(6) (ii) of the Act alleging that the second sample was not produced before the Court before sending it for reanalysing and even termed the arraying of respondents-manufacturers to be contrary to the spirit of Section 33(1) of the Act. Respondent-State did not intend to file reply.
3. Heard, learned c
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