R.K. MATHUR Vs. STATE

JUDGEMENT

(1.) This misc. petition under Sec. 482 Cr.PC. is directed against the judgment dated 26.11.2002 passed by the learned Additional Chief Judicial Magistrate, Bundi in Cr. Case No. 63/2001 whereby he rejected the application of the petitioner filed under Sec. 204 Cr.PC.

(2.) Briefly stated the relevant facts of the case are that Insecticide Inspector inspected the premises of M/s. Hindoli Kraya Vikraya Sahakari Samiti Ltd. Hindoli, District Bundi on 20.9.1995 and took samples of Insecticides. A sample was sent to the State Laboratory and same was found sub-standard. A complaint came to be filed by the Insecticide Inspector against the petitioner and others under Sec. 29(1) of the Insecticides Act, 1968. The petitioner moved an application under Sec. 204 Cr.PC. and submitted that proceedings against the petitioner may be dropped. The said application was dismissed on 26.11.2002 by the learned Magistrate by the impugned order.

(3.) The petitioner has submitted this misc. petition inter-alia on the grounds that being contrary to the provisions of law as also to the facts of, the present case, the learned court below has failed to consider that along with the notices, no report of Analysis was made available to the petitioner. The petitioner appeared before the court on 14.8.2001. Till then, the shelf life of the sample had already expired and the petitioner was prevented from exercising his right of rechecking of the sample under the provisions of Sec. 24(4) of the Act of 1968. No proper sanction is taken for filing the complaint against the petitioner. It is, therefore, prayed that the impugned- order be set-aside and the proceedings as against him may be dropped.