HINDUSTAN PALVARISING MILLS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr. P. C. has been filed by the petitioners, who are Manufacturers with the prayer that the proceedings of State vs. M/s. Kumawat Krishi Sewa Kendra and Ors. , for the offence punishable under section 29 (1) (a) of the Insecticides Act, 1968 (hereinafter referred to as `the Act of 1968') pending in the Court of Chief Judicial Magistrate, Bhilwara be quashed.

(2.) IT arises in the following circumstances :- On 16. 8. 1996, a complaint was filed by Shiv Dayal, Insecticide Inspector, Bhilwara in the Court of Chief Judicial Magistrate, Bhilwara against the present petitioners, who are Manufacturers and some other persons. IT was stated in the complaint that on 28. 7. 1994, the Insecticide Inspector Bhilwara inspected the shop of M/s. Kumawat Krishi Sewa Kendra near Charbhuja Mandir Asind (Bhilwara), who was dealer and took sample of the insecticide B. H. C. 10% dust and prepared fard and divided the sample into three parts as required by the law. One of the samples was sent for analysis to the State Pesticide Testing Laboratory, Durgapura, Jaipur and the Analyst Incharge. State Pesticide Testing Laboratory, Jaipur gave his report dt. 20. 9. 1994, in which it was reported that the sample did not confirm to the relevant specification in the tests reported and hence, it was misbranded. IT was also stated in the report that batch number of the insecticide was B 549 and date of manufacturing was June 1994 and date of expiry was May, 1996.

(3.) SECTION 21 of the Act of 1968 empowers the Insecticide Inspector to take samples of any insecticide and send such samples for analysis to the Insecticide Analyst for test in the prescribed manner and as per sub-section (5) of SECTION 22 of the Act of 1968, he shall divide the sample into three portions and effectively seal and as per sub-section (6) of SECTION 22, one of the samples shall be forwarded by him to the Insecticide Analyst for test or analysis. As per SECTION 24 (1) of the Act of 1968, the Insecticide Analyst to whom a sample of any insecticide has been submitted for test or analysis under sub-section (6) of SECTION 22, shall, within a period of sixty days, deliver to the Insecticide Inspector submitting it a signed report in duplicate in the prescribed form and according to sub-section (2) of SECTION 24, the Insecticide Inspector on receipt thereof shall deliver one copy of the report to the person from whom the sample was taken and the report of the Insecticide Analyst shall be conclusive evidence unless the person from whom sample was taken, has within twenty eight days of the receipt of a copy of the report notified in writing the Insecticide Inspector or the court before which any proceedings in respect of the sample are pending that he intents to adduce evidence in controversion of the report. Sub-section (4) of SECTION 24 casts a duty on the Insecticide inspector to make compliance of the provisions for re-testing etc.