PESTICIDE INDIA LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed by the petitioners for quashing the proceedings in Criminal Case no. 293/1993, pending in the court of Civil Judge (Jr.Div.)-cum Judicial Magistrate, First Class, Sangod, District Kota, for the offence under Section 21 (1)(A) of the Insecticides Act.

(2.) Briefly stated, the facts of the case are that on 3rd July, 1992, the Inspector Insecticides visited the premises of M/s. Sangod Kraya Vikraya Sahakari Samiti, Sangod, District Kota and took a sample of Methyl Parathion 2% Dust, Batch No. 91-D-82, for analysis. The date of manufacture of the insecticide was 28th November, 1991 and the date of expiry was 27th May, 1993. The sample was then sent for analysis to Analyst of Govt. Pesticides Testing Laboratory, Durgapura, Jaipur on 13th July, 1992. Later on, the respondent no. 2 issued notice to the dealer as well as the manufacturer on 28th September, 1992, as per the Act of 1968. Likewise a show cause notice was also issued to the Distributor on 28th December, 1992. The petitioner-company replied to the notice on 8.10.1992. A prayer was also made by the petitioners for getting the sample analyzed by the Central Insecticides Laboratory, Faridabad under the provisions of Section 24(3) of the Act of 1968. Subsequently, the sanction of prosecution was granted on 29th March, 1993. After obtaining the sanction, the respondent No. 2, filed a complaint before the learned Judicial Magistrate, First Class, Sangod on 29th July, 1993. Thereafter, ihe learned Magistrate took cognizance on 29th July, 1993 itself, a copy of which has been filed along with this petition.

(3.) Before adverting to the merits of the case, it is to be noted that the order of cognizance passed on 29th July, 1993 had not been challenged by the petitioners under the normal procedure, but they filed this criminal misc. petition on 28th October, 2003 and a prayer has been made for quashing the entire proceedings. The learned counsel for the petitioners have raised a number of objections against the prosecution lodged against them. But the fact remains that the order of cognizance dated 29th July, 1993 was never challenged by the petitioner and the same had become final. As per the judgment passed in the case of Sessions Judge, Sawai Madhopur vs. Dashrath Singh,1996 RCC 592, an order of cognizance is a final order and the same is revisable under the Code of Criminal Procedure. In place of challenging the order of cognizance by way of revision under Section 397 Cr.P.C. before the appropriate Court the petitioner have preferred to file this misc. petition u/S. 482 Cr.P.C. to challenge the entire proceedings before the court below.