- (1.) THIS is petition for quashing of complaint under the insecticides Act copy Annexure P-1 and summoning order Annexure P-2 and all consequential proceedings arising out of the complaint.
(2.) THE facts of the case are that Balwinder Singh Insecticide Inspector had drawn a sample of Methyl Parathion from the office of M/s. Param Sales corporation, VPO Bhalana, Opposite RCF, Sultanpur Lodhi Road, District kapurthala. Three samples had been prepared and out of these one sample was sent for analysis and as per report of the Senior Analyst Insecticide laboratory Ludhiana, it was not conforming to the specifications as the active ingredients in the sample were found to be 0. 88% against 2% D. P. There was variation of 1. 12%. Thereafter, after issuing notice, complaint was filed against the dealer and also against the manufacturer. Present petitioner was shown as Director of the Manufacturing Company.
(3.) COUNSEL for the petitioner argues that the complaint was filed on 9. 9. 2002 when the shell life of the sample was just going to expire as the articles had been manufactured in April, 2001 and its expiry date was September 2002. It was argued that the petitioner had been deprived of his right of getting the sample reanalysed from Central Insecticide Laboratory. He relied on a judgment of this Court in M/s. Artee Minerals v. State of Punjab. Section 24 (4) of the Act reads as under: "unless the sample has already been tested or analysed in the Central insecticides Laboratory, where a person has under sub-section (3)notified his intention of adducing evidence in controversial of the insecticide Analyst's report, the Court may, of its own motion or in its discretion at the request either of the complainant or of the accused, cause the sample of the insecticide produced before the Magistrate under sub-section (6) of Section 22 to be sent for text or analysis to the said laboratory, which shall make the test or analysis and report in writing signed by or under the authority of, the Director of the central Insecticides Laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein. ";