AMIT PESTICIDES AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioners challenging the ordez dated 2.6.2011 passed by the learned Additional Chief Judicial Magistrate, Srikaranpur in Cr. Case No. 44/2002 whereby, the learned Magistrate directed framing of the charges against the petitioners for the offence under Section 29(1) of the Insecticides Act, 1968 and for quashing of the proceedings of the complaint.

(2.) Learned counsel tor the petitioners contended that the petitioners are being prosecuted in this case for allegedly dealing in insecticide Monocrotophos, which was substandard. Learned counsel submitted that the complaynt was filed on the basis of the analysis report prepared by the Government Insecticides Testing Laboratory, Bikaner dated 3-10-2001 as per which, it was concluded that the insecticide sample did not conform to the prescribed standards. Learned counsel submitted that the petitioners protested against the analysis report of the State Insecticides Testing Laboratory and requested that the second sample be forwarded to the Central Laboratory for analysis. Accordingly, the second sample of the insecticide was forwarded to the Central Insecticide Laboratory under Section 24(4) of the Insecticides Act for analysis. The Central Insecticides Laboratory analysed the second sample and forwarded the analysis report dated 21.1.2002 as per which, it was concluded that the sample conformed to the Indian Standards specifications in the test conducted.

(3.) Learned counsel submitted that once the Central Laboratory has concluded that the sample conforms to the Indian Standards then, the petitioners prosecution would be impermissible in view of Section 24(4) of the Act, which prescribes that the report of the Central Insecticides Laboratory would be(sonclusive. He thus, prayed that the misc. petition deserves to be accepted and the order impugned directing framing of charges against the peti|ioners should be quashed.