GUPTA CHEMICALS PVT. LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this mist petition under section 482 Cr.P.C. the petitioners seek the quashing of the proceedings of Cr. Case No. 346/97 under section 29 of the Insecticides Act. 1968, pending in the Court of Judicial Magistrate, Sardarsahar.

(2.) Mr. Garg, learned counsel for the petitioners, pointing out that the Insecticides Inspector did not get the retesting of the sample though it was prayed by the petitioners, contends that the petitioners have been deprived of their valuable right, and therefore, the proceedings against them should be quashed. He relies on the cases of State of Haryana Vs. Unique Farmaid P Ltd (JT 1999(8) SC 162 and Babulal Agarwal Vs. Associate Director 1999 Cr.L.J. 3794 .

(3.) The learned P.P. contends that the petitioners did not make any request of retesting before the trial court, and therefore, the proceedings should not be quashed.