GUPTA CHEMICALS (P) LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition under Sec. 482 of the Code of Criminal Procedure has been filed seeking direction to quash the order dated 27.7.2002 passed by the Chief Judicial Magistrate, Jodhpur.

(2.) Briefly stated the fact of the case are that the District Agriculture Officer, Jodhpur inspected the Shop of M/s. Gehlot Agro Traders, Paota, Jodhpur on 23.5.2000 and took a sample of Chioropiaryphose 25% insecticide. The sample was sent for chemical analysis and was found to be misbranded complaint has been filed against the dealer namely M/s. Gehlot Agro Traders and its Proprietor namely Rajesh Bhati as well as the manufacturer M/s. Gupta Chemicals (P) Ltd.. Jaipur to and its Works Manager namely Om Prakash Tak. The learned Magistrate took cognizance by order dated 18.4.2001. The prosecution filed an application on 22.1.2001 to the effect that State Government has withdrawn their request earlier granted by order dated 27.7.2000 as against the accused Nos. 5 to 9. Thus, a prayer was made to drop the proceedings as against accused Nos. 5 to 9. There is another order dated 8.10.2001 wherein the sanction against the dealer and manufacturer has also been withdrawn. The prayer was made to drop the proceedings as against them as well. Sad application has been rejected by the impugned order of the learned Chief Judicial Magistrate, Jodhpur. I have perused the office order dated 8.10.2001 issued by the Joint Director of Agriculture, (Plant Protection), Rajasthan, Jaipur whereby he has granted consent on behalf of State for the prosecution of dealer and manufacturer. For ready reference, the office order is reproduced as follows:-

(3.) A bare reading of the order reveals that it neither contains the facts constituting the offence nor any ground for satisfaction. There is nothing to show that relevant material was placed before the sanctioning authority and the same was considered by him. In the identical circumstances, the consent was found to be bad in law by this court in M/s. Gupta Chemicals Pvt. Ltd. and Others Vs. State of Rajasthan & Insecticide Inspector, reported in 1996 Cr LR (Raj.) 134 . It appears that State has realised the defect of the order of giving consent and as such withdrawn the same. There is no purpose of continuing the proceedings against the petitioners in absence of a valid consent.