SHETAL AGRO AGENCY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present application, the applicants have inter aila prayed for quashing and setting aside the proceedings of Criminal Case No.107 of 2002 instituted against the applicants, pending in the Court of the Chief Judicial Magistrate, Amreli.

(2.) IT is the case of the applicants that the respondent No.2 herein has filed a complaint against the present applicants for the offences punishable under Sections 17(1)(a) and 18(1)(c) of the Insecticides Act, 1968 (hereinafter referred to as 'the Act'), in the Court of the Chief Judicial Magistrate, Amreli being Criminal Case No.107 of 2002, wherein the trial Court issued summons against the present applicants-accused. However, it is the case of the applicants that the respondent No.2 in the said complaint suppressed the material fact that the applicants made a specific request in their replies dated 17th September 2001 and 19th October 2001 to the effect that the said sample be sent for retesting to the Central Insecticides Laboratory (hereinafter referred to as 'the CIL') . However, the said request was turned down and this fact was not brought to the knowledge of the trial Court. By turning down the request of retesting made by the applicants, the respondent-authority deprived the valuable rights of defence of the applicants under Section 24(3) of the Act. IT is also the case of the applicants that the respondent No.2 has not obtained necessary consent against the applicants since in the said consent the date of taking of sample as well as the consent of applicant Nos.2 and 4 is not mentioned. Hence, the consent is defective consent. Hence, it is prayed that the complaint in question may be quashed and set aside.

(3.) FOR the foregoing reasons, present application succeeds and is, accordingly, allowed. The proceedings of Criminal Case No.107 of 2002 instituted against the present applicants pending in the Court of Chief Judicial Magistrate, Amreli, are hereby quashed and set aside. Rule is made absolute.