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Judgment
H.S. Bedi, J. (Oral)
A sample of Dimethoate 30% EC was taken from M/s V.K. Goyal and Company, Gidderbaha on September 27, 1989 by Teja Singh Sandhu, Insecticides Inspector. As per the details given on the container, the insecticide had been manufactured in August 1989 and its shelflife was to expire in July 1990. The sample was sent by the Chief Agricultural Officer, Faridkot to the Laboratory at Ludhiana on October 3, 1989 and the report that the insecticide did not conform to ISI specifications was received from the Laboratory on November 3, 1989. A show cause notice was issued to the petitioners on November 20, 1989 and a reply thereto was received on December 4, 1989. The sanction to prosecute the petitioners was granted on October 5, 1990 and the complaint was filed on September 18, 1992 long after the shelf life of the sample had expired.
In State of Haryana v. Unique Farmaid P. Ltd., 1999(4) Recent Criminal Reports 540 (SC) it has been held by the Hon''ble Supreme Court that if due to a lapse on the part of the Department, the accused is denied the right to have the second sample analysed from the Central Laboratory, it must result in his acquittal.
In this view of the matter, Crl. Misc. is allowed and the complaint, Annexure P4, and all the consequential proceedings are quashed.