NORTHERN MINERALS LTD Vs. STATE

JUDGEMENT

(1.) INSTANT petition under section 482 Cr. P. C. has been filed for quashing of proceedings in Cr. Case 227/95 initiated vide order dated 12. 6. 1995 by Chief judicial Magistrate, Jhunjhunu, taking cognizance of offence under Section 29 (l) (a) of Insecticide Act, 1968 ("the Act") against petitioners.

(2.) PETITIONER No. l is a company engaged in manufacturing pesticides while petitioner no. 2 is its Managing Director and NO. 3and4 are its Directors.

(3.) INSECTICIDE Inspector-cum-Agriculture officer (Plant Conservation) Chirawa (Jhunjhunu) visited M/s. Hariyali, Seed bhandar, Near Purani Tehsil Road, chirawa (Dealer of petitioner Co.) on 26. 11. 1994 and took three samples measuring 100 ml. each of "dimetheate-30-EC (diadhan-30ec) bearing Batch No. 81 OISI/ 3903 having manufacturing month March, 1994 and expiry month August, 1995, whith was seized and sealed in compliance of provision of S. 22 (5) and (6) of the Act. A sample was sent for analysis to State Pesticides testing Laboratory Durgapura, Jaipur which vide report dated 25. 1. 1995 showing active ingredient 26. 42% and it was opined that sample does not confirm to BIS specification No. 3903-1989; so was considered to be misbranded in view of Section 3 (k) of the act a copy whereof along with show cause notice dated 21. 2. 1995 was sent by insecticide Inspector to the Trader M/s. Hariyali seed Bhandar, with an endorsement whereof to the petitioner Co. , and reminders dated 14. 3. 1995 and 21. 4. 1995, in response whereof, M/s. Hariyali Seeds bhandar sent reply on 13. 3. 1995 while petitioner Company on 10. 3. 1995 reference whereof has been made in para 13 of complaint whereby, petitioner Company controverted report of State Pesticides Laboratory and intended to adduce evidence in contra-version of report dated 25. 1. 1995, as provided under Section 24 (3) of the Act. Despite intention shown by petitioners accused within 28 days of show cause notice, no steps were taken by Insecticide Inspector to get referee-sample re-tested by Central insecticide Laboratory. After written consent from competent authority U/s. 31 (1) of the act vide letter dt. 19. 5. 1995, complaint was filed on 12. 6. 95 against petitioners as well as other accused for offence U/s. 29 (l) (a) of the Act.