Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s.482 - Quashing of proceedings - Complaint under Insecticides Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 - s.482 - Quashing of proceedings - Complaint under Insecticides Act - Report of the Central Insecticides Laboratory (CIL) obtained before filing of the complaint/pursuant to the direction given by the concerned Magistrate and made part of record of the criminal prosecution - Appellant sought to quash proceedings on the ground that spare sample was sent for analysis to Central Insecticides Laboratory (CIL) without institution of any proceedings - High Court refused to quash the proceedings - Held: The purport of s.24(4) is that the report of the CIL shall be conclusive evidence of the facts stated therein - Sub-sec. (4) of s.24 opens with the words, "Unless the sample has already been tested or analysed in the CIL - If the complaint is filed on the basis of the report of the CIL, then the question of exercising the right u/s.24(4) does not endure to the accused - Therefore, in cases where such report is already obtained or available, the criminal prosecution must proceed on that basis - Insecticide Inspector has the option either to send the third sample on the request made by the person from whom it was collected to the CIL for testing or analysis or to launch a criminal prosecution and submit the third sample in the concerned Court well before the expiry of shelf life of the Insecticide to enable the accused named in the complaint to ask for testing or analysis thereof in the CIL-Therefore, High Court did not err in dismissing the petition to quash the criminal proceedings pending against the appellants in respect of misbranded insecticide - Insecticides Act, 1968 - ss.22(5), 24. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 585 |
Petitioner | Indofil Industries Ltd. And Ors. |
Respondent | State Of Punjab |
SCR | [2017] 7 S.C.R. 140 |
Judgement Date | 2017-07-03 |
Case Number | 653 |
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