AGARWAL KHAD BHANDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc. Petition under Sec. 482 Code Criminal Procedure has been moved by four petitioners before me for quashing proceedings pending against them in the court of Munsif and Judicial Magistrate, First Class Pili Banga, District Sri Ganganagar, for the offence under verious provisions of the Insecticides Act, 1968. The proceedings are challenged on certain legal grounds and for appreciating the arguments, certain facts may first be looked into. The petitioner No. 2 is the proprietor of M/s. Agarwal Khad Bhandar (petitioner No. I) and has a shop at Coluwala, District Sri Ganganagar. The petitioner of No. 3 is the Sales Manager of M/s. Pesticides India of which the proprietor is Mewar Oil and Ganeral Mills, Udaipur and petitioner No. 4 was the Production Manager.

(2.) On 9th Dec., 1980 a sample of Insecticides Chlordene Dust was purchased from the shop of petitioner No. 1, Agarwal Khad Bnandar, by the Insecticides Inspector. The date of manufacturing of the insecticide as mentioned in the memo is 12th November. 1980 and the expiry date is 11th Nov., 1982. The sample was sent for analysis to the Insecticides Analyst on 18th Dec., 1980. The report of the Insecticides Analyst was prepared on 17th March, 1981 and according to the report, the sample was found to be misbranded. On 26th March, 1951 the District Agriculture Officer sent a copy of the report to M/s. Agarwal Khad Bhandar, Coluwala.

(3.) Sanction for prosecution was obtained from the Deputy Director, Plant Protection, Rajasthan, Jaipur and he gave permission to prosecute Shri Raj Kumar Agarwal, proprietor of M/s. Agarwal Khad Bhandar and M. Yusuf, Production Manager of M/s. Pesticides India. This sanction is dated 18th Oct., 1982 and the complaint was filed on 20th October. 1982. In this complaint four accused have been shown, who are the petitioners in the present petition.