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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
H.S.GREWAL
Puppy Pesticides – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
H.S. Grewal, J.
This petition has been filed under Section 482 Cr.P.C. praying for quashing of Criminal complaint bearing No.COMA/15/2018 dated 05.03.2018 titled as State of Punjab Vs. M/s. Puppy Pesticides and Others under Section 27(5) of the Insecticide Rules, 1971 for violation of Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 (for short the Act') and also summoning order dated 01.03.2018 passed by learned Chief Judicial Magistrate, Fatehgarh Sahib alongwith all consequential proceedings arising therefrom.
2. Learned counsel for the petitioners contends that on 25.03.2010, the Agricultural Development Officer, Block Amloh, District Fatehgarh Sahib visited the premises of the petitioner and took sample of Phorate 10% (G) granules from the original packing and after taking the sample and dividing it into three parts, one part of the sample was sent for analysis to the Insecticide Quality Control Laboratory, Amritsar. Thereafter on 29.03.2010, the said sample was found to be misbranded and on the basis of the said report, the present complaint dated 27.02.2018 was brought in the Court of learned Chief Judicial Magistrate and consequently on 01.03.2018, s
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....
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 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.
A retailer or marketing firm is not liable for misbranding if the insecticide was sold in sealed packaging and there is no evidence of their knowledge regarding the misbranding.
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