- 1 - NC: 2025:KHC:7333 CRL.P No. 1590 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1590 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: KARAPUR AGRO PRIVATE LIMITED PLOT NO. 135/1B, KULAN, SANQUELIM, GOA - 403505. REP BY ITS DIRECTOR SATYENDRA NAGWEKAR. …PETITIONER (BY SRI. ASHOK N PATIL.,ADVOCATE) AND: THE STATE OF KARNATAKA REPTD. BY ITS INSECTICIDE INSPECTOR AND AGRICULTURE OFFICER(TO-I), C/O JOINT DIRECTOR OF AGRICULTURE, DAVANAGERE DISTRICT - 577 003. …RESPONDENT (BY SRI. THEJESH P., HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER OF TAKING COGNIZANCE DATED 04.11.2022 IN C.C.NO.7172/2022 FOR THE OFFENCE P/U/S.29 OF INSECTICIDES ACT 1968 PENDING ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC DAVANAGERE AT ANNEXURE F. B. QUASH THE COMPLAINT IN C.C.NO.7172/2022 PENDING ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC DAVANAGERE IN SO FAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7333 CRL.P No. 1590 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: "i) Quash the order of taking cognizance dated 04.11.2022 in C.C.No.7172/2022 for the offence punishable under Section 29 of Insecticides Act, 1968 pending on the file of I Additional Civil Judge and JMFC, Davanagere at ANNEXURE-F. ii) Quash the Complaint in C.C.No.7172/2022, pending on the file of I Additional Civil Judge and JMFC, Davanagere, insofar as the Petitioner is concerned." 2. Heard learned counsel for the petitioner and learned High Court Government Pleader and perused the material on record. 3. A perusal of the material on record will indicate that the product manufactured by the petitioner in the month of May 2018, was alleged to have contained insecticide and a sample of the product was drawn by the respondent in August 2019. In pursuance of the same, the respondent sent the said sample for chemical analysis to the Forensic Science Laboratory in August 2019 and a report in this regard was received on 24.09.2019. - 3 - NC: 2025:KHC:7333 CRL.P No. 1590 of 2023 However, despite the product having been manufactured in May 2018 and having a shelf life only up to May 2021 and the product was due to expire after a period of three years from May 2018, the respondent issued the impugned show cause notice subsequent to the expiry of the aforesaid period of three years, on 30.08.2021 thereby depriving the petitioner of its right to challenge the said report under Section 24(4) of the Insecticides Act, 1968 [for short, 'the Act'], which reads as under: "24(4) 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 controversion 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 test or analysis to the said laboratory,[which shall, within a period of thirty days, 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." 4. A perusal of the aforesaid provision contained in Section 24(4) of the Act will clearly indicate that it is open for an accused person to request the sample to be sent again to the - 4 - NC: 2025:KHC:7333 CRL.P No. 1590 of 2023 Central Insecticide Laboratory for a retest/re-examination and having regard to the fact that the product was manufactured in May 2018 and having shelf life of only three years, which expired on May 2021, the issuance of notice in August 2021 by the respondent will clearly deprive the petitioner of his right to seek a retest/re- examination under Section 24(4) of the Act and consequently, the impugned proceedings based on the aforesaid show cause notice and the report deserves to be quashed. 5. Hence, the following: ORDER a. The petition is hereby allowed. b. The impugned order dated 04.11.2022 and the complaint in C.C.No.7172/2022 on the file of the I Additional Civil Judge and JMFC, Davanagere qua the petitioner are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB