U S MADAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under S. 482, Cr. P.C. has been filed by the petitioners, who are distributors as well as manufacturers with the prayer that the proceedings of criminal case No. 160/83 State v. Kishan Beej Bhandar for the offence under S. 17(1)(a) punishable under S. 29(1)(a) of the Insecticides Act, 1968 (hereinafter referred to as 'the Act of 1968') pending in the Court of Addl. Chief Judicial Magistrate, Sangaria be quashed.

(2.) ********

(3.) It arisesin the following circumstances :- On 14-6-1983, a complaint was filed by Insecticide Inspector, Hanumangarh in the Court of Judicial Magistrate, Ist Class, Sangaria against the present petitioners, who are Distributors as well as manufacturers and apart from them, against M/s. Kishan Beej Bhandar, Sangaria and Kewal Krishan c/o M/s. Kishan Beej Bhandar, Sangaria, who are dealers of the insecticides in question. It was stated in the complaint that on 9-8-1992, Insecticide Inspector, Hanumangarh took sample of the insecticide Endosulfan 35% BHC 10% from M/s. Kishan Beej Bhandar, Sangaria, who was dealer and prepared the fard and in that fard of search, it was also stated that batch number of the insecticide was 130 and date of manufacturing was July 1982 and date of expiry was July 1984 and he divided the sample into three parts as required by law. One of the samples was sent for analysis to the Rajasthan State Quality Control (Pesticide) Laboratory, Durgapura, Jaipur and the Insecticide Analyst, Rajasthan State Quality Control (Pesticide) Laboratory, Jaipur gave his report on 5-10-1982, in which it was reported that the sample did not confirm to I.S. specification No. 4323-1967 in Active Ingredient and hence, it was misbranded. When the sample was not found in accordance with the prescribed standard, a notice dated 19-10-1982 was given by the Assistant Plant Protection Officer, Hanumangarh to M/s. Kishan Beej Bhandar, Sangaria, from whom, sample was taken. After obtaining sanction for prosecuting Shri Kewal Krishan C/o M/s. Kishan Beej Bhandar, Sangaria and present accused petitioners, the present complaint was filed on 14-6-1983. On this complaint, the learned Judicial Magistrate 1st Class, Sangaria vide order dated 13-9-1983 took cognizance against the present petitioners and others mentioned in the complaint for the offence under S. 17(1)(a) punishable under S. 29(1)(a) of the Act of 1968. From the record of the lower Court, it appears that after taking cognizance against the present petitioners and others on 13-9-1983, summons were issued against the present petitioners and others for appearance, but the case was adjourned from time to time and despite order to issue summons, summons were not issued and for the first time, summons were issued on 22-7-1985.