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2014 (6) TMI 1058 - KARNATAKA HIGH COURTCertification regarding the germination, quality and the specification - It is the case of the prosecution that the Seed Analyst submitted a report in respect of the sample drawn from a specific lot of seeds holding that they do not conform to the standard of specification regarding germination and purity as specified under Section 6(a) of the Act - time limitation under Section 468(2) (a) of the Code of Criminal Procedure - HELD THAT:- This Court find that the prosecution has failed to convince this Court on both aspects regarding the certificate issued by the Karnataka State Seed Certification Agency on 11.05.2012 being valid as on the date when the sample was drawn by the complainant on 21.07.2012, as drawing of the sample itself is erroneous. It is further seen that the prosecution has also failed to demonstrate that the complaint is filed within the period of limitation in as much as the laboratory report is dated 26.10.2012 and the complaint is filed on 19.06.2013 beyond the mandatory period of six months, within which, the complaint was required to be filed - the complaint falls short of requirement and the same is required to be quashed. Petition allowed.
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