RAM SEEDS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these criminal miscellaneous petitions under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) involve common questions of law and facts and, therefore, with the consent of the learned counsel for the parties, they are being heard and decided at the admission stage, taking the facts of S. B. Criminal Miscellaneous Petition No. 207/2005 (M/s. Sri Ram Seeds & Ors. vs. State of Rajasthan) as the leading case.

(2.) THE order dated 20. 10. 2004 passed by the Additional Sessions Judge No. 1, Sri Ganganagar (for short, "the Revisional Court" hereinafter) has been challenged in this criminal miscellaneous petition, whereby the Revisional Court dismissed the revision petition filed by the petitioners against the order dated 29. 1. 2004 passed by the Chief Judicial Magistrate, Sri Ganganagar (for short, "the trial Court" hereinafter) dismissing the application filed by the petitioners under Section 245 (2) of the Code in a criminal case instituted against them for the offence under Section 3/7 of the Essential Commodities Act, 1955 (for short, "the E. C. Act, 1955" hereinafter ).

(3.) LEARNED counsel for the petitioners submits that had the prosecution been launched under the Act, 1966 then there are certain provisions which prescribe the procedure for taking the sample and violation thereof would be fatal to the prosecution. Be that as it may, so far as the procedure prescribed under the provisions of the Order, 1983 are concerned, there is no such provision of re-analysing the sample and, therefore, the petitioners cannot claim discharge only on such ground.