ATOPZ AGRICOZ AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant Criminal Misc. Petition under Section 482 Cr.P.C., the accused petitioner seek quashing of the proceedings in Criminal Case No. 132/2000 State v. M/s Laxmi Krishi Seva Kendra and Ors. pending in the Court of Judicial Magistrate, Bar, district Pali (for short 'the trial Court' hereinafter) for the offence under Section 29(i)(a) of the Insecticides Act, 1968 (for short 'the Act' hereinafter).

(2.) I have hared learned Counsel for the parties.

(3.) It is contended by learned Counsel for the petitioners that a complaint came to be filed before the trial Court for the offence under Section 29(i)(a) of the Act on the ground that the complainant inspected the shop of M/s Laxmi Krishi Seva Kendra on 28.10.1999 and took the sample of two insecticides namely SPARK and HOSTATHION. The manufacturing dates of the samples taken were December 1998 and April 1999 and expiry date of the same were November 2000 and March 2001 respectively. The sample so taken were sent for chemical analysis to the Central Insecticides Laboratory, Faridabad on 06.11.1999 which was received by the Regional Pesticides Testing Laboratory on 22.11.1999 and the sample was analyzed on 07.02.2000 as per the report issued by Regional Pesticides Testing Laboratory as available on record Section 24 of the Act deals with report of Insecticide Analysis which reads as under: