- (1.) This is a petition under Section 482, Cr. P.C. in which it has been prayed that the complaint filed against the petitioners before Judicial Magistrate, Ladnu District Nagaur be quashed.
(2.) I have heard the learned counsel for the petitioners as well as learned Public Prosecutor.
(3.) Shiv Prasad Goyal was appointed as a Inspector under the Insecticides Act, 1968 and Ladnu falls within his jurisdiction. It is alleged that on 22-7-1994. M/s. Kisan Beej Bhandar was checked and Bheru Singh, is proprietor, was found present. He was selling dimethoate 30% E. C. (an insecticide) and had stored the same in the shop. The sample was taken and was sealed before the witnesses. One of the samples was sent to the Insecticide Laboratory which was found to be misbranded vide report dated 19-9-1994 which is on record. A notice along with report was sent to M/s. Kisan Beej Bhandar which informed that the distributors were M/s. Yadav Beej Bhandar, Sujangarh and Bharat Beej Bhandar, Sikar and the manufacturing company was Anul Products Ltd., Faridabad. Sanction was obtained and the petitioners were prosecuted. M/s. Kisan Beej Bhandar and petitioner No. 2 Bheru Singh are the persons from whom sample was taken. Petitioners No. 3, 4 and 5 are the distributors while petitioners No. 7, 8, 9, 10, 11 and 12 are the manufacturers.;