LAXMI AGENCIES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition has been preferred by the petitioner seeking quashing of the proceedings of Criminal Case No. 187/2004, State of Rajasthan v. Bhati Beej Bhandar, Nagaur, pending in the Court of the learned Additional Chief Judicial Magistrate, Nagaur under Section 29 of the Insecticide Act, 1968 (for short, "the Act of 1968")

(2.) The contention of the learned counsel for the petitioner is that in this case a sample of pesticide manufactured by M/s Hindustan Ciba Geigy Limited, Mumbai, of whom the petitioner is a distributor, was taken by the Insecticides Inspector from Bhati Beej Bhandar, Nagaur on 14.1.1999. The manufacturing date of the insecticide/pesticide was July 1998 and the report of the Government Analyst in relation to the sample being misbranded was received on 10.3.1999. Thereafter a notice under Section 22 of the Act was issued to the petitioner, the manufacturing company and the vendor on 8.6.1999 enquiring as to,whether they were desirous of challenging the report of the Government Analyst. It is submitted on behalf of the petitioner that all the three notices to whom notices were issued, submitted their reply to the notice dated 8.6.1999 on the following dates.

(3.) Learned counsel for the petitioner submits that no action was taken on the said request of the petitioner or the other persons for having the referee sample re-analysed by the Central Insecticides Laboratory and the Insecticides Inspector proceeded to file a complaint against the petitioner as well as other accused persons for the aforesaid offences on 7.9.1999. The very same day, the learned Magistrate proceeded to take cognizance against the petitioner as well as other co-accused for the offences mentioned above.