LAWS(RAJ)-2006-3-112

ARVIND KUMAR TYAGI Vs. STATE OF RAJASTHAN

Decided On March 27, 2006
ARVIND KUMAR TYAGI Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE present misc. petition under Section 482 Cr. P. C. by petitioners Arvind Kumar Tyagi and M/s. Jai Shree Agro Industries Ltd. seeks quashing of the proceedings initiated against them.

(2.) BRIEFLY stated the relevant facts giving rise to this petition are that petitioner No. 2 M/s. Jai Shree Agro Industries Ltd. is a pesticide (Insecticide) manufacturing Industry and petitioner No. 1 Arvind Kumar Tyagi is its employee. License under Section 13 of the Insecticides Act, 1968 was obtained. The sample was taken on 21. 7. 1998 by the Insecticide Inspector and on examination it was found that it does not conform to the relevant prescribed specification as per the report of the Analyst dated 10. 9. 1998.

(3.) LEARNED Public Prosecutor has also not refuted these contentions. He has rather conceded that the case being covered by the judgment of the Apex Court as well as of this Court, the proceedings are liable to be quashed.