P&H: Quashes Case Against Dealer Under Insecticides Act, Cites Statutory Defence And Six-Year Delay

punjab-haryana
⚖️ Order Date: N/A
Headnotes

Criminal Procedure Code, 1973, S.482, Insecticides Act, 1968, Ss.3(k)(i), 17, 18, 29, 30(3), 33, Insecticides Rules, 1971, R.27(5) — Quashing of complaint against licensed dealer — Prima facie, the petitioners are entitled to the protection envisaged u/s.30(3) - Petitioners are only licensed dealers/sellers of insecticide...

Insecticides Act, 1968, Ss.3(k)(i), 17, 18, 29, 30(3), 33, Insecticides Rules, 1971, R.27(5), Criminal Procedure Code, 1973, S.482 — Quashing of complaint— Delay in prosecution under Act — Complaint instituted after an unexplained delay of almost six years from the date of sampling — Absence of...


Facts of the Case

P&H: Quashes Case Against Dealer Under Insecticides Act, Cites Statutory Defence And Six-Year Delay

The Punjab and Haryana High Court has quashed a criminal complaint and summoning order against a pesticide dealer and its proprietor, invoking the statutory defence under Section 30(3) of the Insecticides Act, 1968, and noting an unexplained delay of nearly six years in filing the complaint.

The case arose from a 2012 sampling of Butachlor 50% EC from originally sealed containers at the premises of M/s Bajaj Agro, Sirhind. The first laboratory reported deviation in active ingredient, while a re-analysis by the Central Insecticides Laboratory found the active ingredient marginally above the declared level. In 2018, the State filed a...

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