MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition is directed against the order dt. 11-8-92 passed by the learned Judicial Magistrate, Nohar whereby he rejected the application of the petitioner for dropping the proceedings against him pending in his Court under Sec. 17(1)A r/w Sec. 29(1)A of the Insecticides Act, 1968.

(2.) Mr. Bhansali, learned counsel for the petitioner, pointing out that the petitioner has been denied the right of retesting of the sample before the expiry of the shelf life of the insecticide, contends that the proceedings against him are nothing but abuse of the process of the Court. Relying on the cases of State of Haryana v. Brij Lal Mittal, (1998) 3 JT (SC) 584 : (1998 Cri LJ 3287), Bayer India Limited v. State of Rajasthan, 1997 RCC Suppl 692, M/s. Pesticides India Limited v. State, 1998 Cri LR (Raj) 438, S. K. Ahuja v. State of Rajasthan, 1991 RCC 254, and Hindustan Ciba Geigy Ltd. v. State of Rajasthan, 1994 Cri LR (Raj) 785 : (1995 Cri LJ 618) he submits that the proceedings pending against the petitioner be quashed.

(3.) The learned Public Prosecutor, on the other hand, contends that the petitioner can agitate this point at the stage of framing of the charge and his petition is premature.