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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Amsons laboratories Private ltd. – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking quashing of criminal complaint bearing No. COMA/2/2018 dated 01.02.2018 registered under Sections 3k(1), 17, 18, 29, 33 of the Insecticides Act, 1968 titled as 'State of Punjab vs. M/s Kissan Pesticides, Andana and others' as well as summoning order dated 01.02.2018 (Annexure P-2) passed by learned Sub Divisional Judicial Magistrate, Moonak, and all consequential proceedings arising therefrom.
2. Briefly, the facts, as alleged, are that on 31.07.2013, the Insecticide Inspector visited the premises of M/s Kissan Pesticides, Andana, District, Sangrur and drew samples of Chloropyriphos 20% E.C. manufactured by the petitioner. Post analysis, the said chemical was found misbranded, which resulted in institution of complaint(supra).
3. Learned counsel for the petitioner inter alia contends that the complaint(supra) was launched without obtaining the requisite sanction, which is mandatory in nature. Moreover, the complaint has been registered against the petitioner, that is a company, without arraying any officials therein.
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.
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....
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 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.
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