IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 14698-M of 2001 Date of decision: 29th May, 2008 M/s ICI India Ltd. through Neel Kamal Handa … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. T.S.Sangha, Senior Advocate with Mr. Naveen Mahajan, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioner contends that in the present case, no cognizance could be taken by the Judicial Magistrate (1st Class), Bathinda as shelf life of the sample had expired. Mr.Sangha further states that the date when the sample has expired is mentioned in the complaint itself. It will be appropriate that these arguments made here, are raised before the Judicial Magistrate (1st Class), Bathinda. Petitioner is permitted to file an application stating all the grounds and the arguments on which he contends that no cognizance could be taken by the Magistrate as the shelf life of the insecticide had expired. Petitioner is also permitted to make all legal submissions before the learned trial Court. Present petition is pending in this Court since 2001. Taking long pendency of the petition into consideration, personal appearance of the petitioners is exempted before the trial Court. Petitioner may be represented CRM No. 14698-M of 2001 through a counsel, subject to filing an undertaking that he shall cause appearance as and when required by the learned trial Court. Trial Court is directed to dispose off the application before proceeding with the trial. Present petition is disposed off in view of the observations made above. [KANWALJIT SINGH AHLUWALIA] JUDGE May 29, 2008 rps 2