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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Cheminova india ltd. – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
This common judgment shall dispose of aforementioned two petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') [now Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS')] for quashing the complaint bearing No.23/2017 dated 18.08.2017 under Sections 3(K)(1), 17, 18, 29, 33 of the Insecticides Act, 1968 (for short 'Act of 1968'), filed against the petitioners, which is pending before learned Judicial Magistrate 1st Class, Dhuri.
2. Briefly, the facts are that on 03.12.2013 at about 02:30 p.m., respondent No.2-complainant inspected the premises of respondent No.3-M/s Sushil Kheti Sewa Centre, Tehsil Dhuri District Sangrur in the presence of Agriculture Sub-inspector, Dhuri. He disclosed the identity to respondent No.4-Sushil Kumar, being proprietor of respondent No.3, who was present on the spot. Respondent No.2 observed that respondent No.3 was selling, exhibiting for sale and stocking pesticide including Indoxacarb 14.5% SC brand Lashkar. The said pesticide was purchased by the dealer directly from petitioner No.l-manufacturer. Thereafter, respondent No.2 drew some samples of the sa
Period of limitation shall commence on date of offence and allowing proceedings to go on, on such complaint, which is ex facie barred by limitation is nothing but amounts to abuse of process of law.
Delay in filing a complaint under the Insecticides Act beyond the statutory period of limitation can result in misuse of the process of law and prejudice the defense of the accused, leading to the qu....
The main legal point established in the judgment is that the period of limitation for filing a complaint under the Insecticides Act commences from the date of receipt of the analyst's report, and the....
The court ruled that the limitation period for filing a complaint under the Insecticides Act begins from the date the Government Analyst's report is received, not from the sample collection date.
The main legal point established in the judgment is the interpretation of the limitation period for launching prosecution under the Insecticides Act, 1968, and the exclusion of time for obtaining con....
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