Case Note & Summary
The applicant, M/s Kilpest India Limited, a company based in Bhopal, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court, Aurangabad Bench, seeking quashing of STC No. 5829/2002 pending before the Judicial Magistrate, First Class, Nilanga. The proceedings were initiated on a complaint filed by the Insecticide Inspector, Malikarjun Vyankatrao Karadkhelkar, for alleged offences under Sections 3(k)(i), 17(i)(a), 18(1)(c) read with 29(i)(a) and 29(3)(i) of the Insecticides Act, 1968. The applicant contended that the mandatory provisions of Section 24 of the Act were not complied with, as the Insecticide Analyst failed to deliver the report within the prescribed period of thirty days. The court, after hearing the learned Senior Advocate for the respondent No. 2 and the learned A.P.P. for the State, examined Section 24 of the Act, which requires the Insecticide Analyst to deliver a signed report in duplicate to the Insecticide Inspector within thirty days of receiving the sample. The court noted that the provision uses the word 'shall', indicating it is mandatory. Since the report was not delivered within the stipulated time, the court held that the prosecution could not be continued. Consequently, the court allowed the application and quashed the proceedings in STC No. 5829/2002.
Headnote
A) Criminal Procedure - Quashing of Criminal Proceedings - Insecticides Act, 1968, Section 24 - Mandatory Compliance - The applicant company sought quashing of STC No. 5829/2002 on the ground that the Insecticide Analyst's report was not delivered within the mandatory period of thirty days as required under Section 24 of the Insecticides Act, 1968. The court held that Section 24 is mandatory and non-compliance renders the prosecution invalid. The proceedings were quashed. (Paras 1-5)
Issue of Consideration
Whether the prosecution under the Insecticides Act, 1968 can be sustained when the mandatory requirement of Section 24 of the Act, requiring the Insecticide Analyst to deliver the report within thirty days, is not complied with.
Final Decision
The court allowed the application and quashed the proceedings in STC No. 5829/2002 pending before the Judicial Magistrate, First Class, Nilanga.
Law Points
- Mandatory compliance of Section 24 of Insecticides Act
- 1968
- Report of Insecticide Analyst must be delivered within thirty days
- Failure to comply renders prosecution invalid
