GUPTA Vs. STATE

JUDGEMENT

(1.) LAL, J This petition under Section 482 Cr. P. C. seeks quashing of the Criminal proceedings pending in Criminal Case No. 959/96 for the offences under Sections 29 (1) (A) of the Insecticides Act, 1968 (hereinafter called in short, "the Act") in the Court of learned Judicial Magistrate, Ist Class, Vijaynagar, Sriganganagar.

(2.) BRIEFLY stated, the relevant facts of the case are that Dr. P. N. Katiyar, the then Agricultural Officer (Plaint Protection)-cum-Inspector Insecticides, IGNP, Anupgarh alongwith Surjeet Singh Asstt. Agricultural Officer and Chhaganlal Sharma Agricultural Area Assistant inspected the shop of Handling Agent M/s. Rajasthan State Agro Industries Corporation Ltd. C/o Tharnia Agro Services Centre, Jaitsar on 23. 2. 92 at 11. 45 a. m. in the presence of its owner Shri Gopiram Tharnia. They took and sealed the samples of methyle parathion 2 per cent Dust bearing batch No. 160 manufacturing date November, 1992 and expiry date after 1994 manufactured by M/s. Gupta Chemicals, Jaipur as per Rules. A sample was forwarded directly to the Director Central Insecticides Laboratory for chemical examination and analysis. The report of the chemical examination and analysis dated 22. 3. 93 was received and as per this report, the sample was found to be mis- branded as active ingredient content was found only 1. 84 per cent instead of 2 per cent Dust as was shown on the sample. A notice alongwith a copy of the report was sent to the Handling Agent M/s. Rajasthan State Agro Industries Corporation Ltd. , Jaitsar as well as to the petitioners on 12. 3. 93. The petitioners sent their reply through letter dated 24. 3. 93 and submitted that the sample be got tested but that was not done. The complaint in this case was filed in the Court of learned Judicial Magistrate, Anupgarh on 16. 3. 94 whereupon cognizance was taken and the accused persons were summoned for 18. 8. 94 on which date, power was filed on their behalf. Then the case was transferred to the newly created Court of the Judicial Magistrate, Vijaynagar where it is now pending.

(3.) I have given my anxious and thoughtful consideration to the rival submissions made at the bar and have also gone through the record.