CYANAMID AGRO INDIA LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) M/s Cyanamid Agro India Limited and four others have invoked the jurisdiction of this court under Section 482 Cr. P. C. for quashing the proceedings pending against them in the court of Judicial Magistrate, Todaraisingh under Section 29 (1) (A) of the Insecticides Act, 1968, (for short "the Act" ).

(2.) THE facts of the case are these. On 23. 7. 1992 the Insecticide Inspector inspected the shop of M/s Todaraisingh, Krya Vikrya Sahakari Samiti and took the sample of insecticide known as Dramet 20 E. C. chemical (chlorpyrifos) for analysis. THE sample was sent to the Insecticide Laboratory at Durgapura fromwhere it was opined vide letter dated 14. 9. 1992 that the insecticide was misbranded. THEreupon, the Insecticides Inspector gave notice to the vender from whom the sample was taken and also the manufacturer of the insecticide and filed a criminal complaint against the vender, the distributor and the manufacturer, on 17. 6. 1994.

(3.) IT is noticed that the insecticide, of which sample was taken was manufactured in April 1992 and the expiry of the shelf life of the product was March 1994. The complaint itself has been filed in the court on 17. 6. 1994. IT is, thus, obvious that the complaint has been filed after the expiry of the shelf life of the insecticide.