Sunil Kumar Garg, J. - (1.) This criminal misc. petition under section 482 Cr.P.C. has been filed 1 by the Distributors (petitioners 1 and 2) and Manufacturers (petitioners 3 and 4) with the prayer that the proceedings of Criminal case No. 175/97 State v. M/s. Pawan and Co. and ors. for the offence punishable under section 29(1)(a) of the Insecticides Act, 1968 (hereinafter referred to as 'the 5 Act of 1968') pending in the Court of Addl. Chief Judicial Magistrate, Raisingh Nagar (Sri Ganganagar) be quashed.
(2.) It arises in the following circumstances : On 24.5.1997, a complaint was filed by Gurdeep Singh, Agriculture Officer (Plant Protection) and Insecticide Inspector, Raisingh Nagar, District Sri Ganganagar in the Court of Addl. Chief Judicial Magistrate, Raisingh Nagar District Sri Ganganagar against the present petitioners, who are Distributors as well as Manufacturers. It was stated in the complaint that on 23.8.1994, the Insecticide Inspector and Agriculture Officer (Plant Protection), Raisingh Nagar District Sri Ganganagar took sample of the insecticide Fenvelerate 20% EC from M/s. Pawan and Co. 61, Old Dhan Mandi, Raisingh Nagar, District Sri Ganganagar, who was dealer and prepared fard and divided the sample into three parts as required by the law. One of the samples was sent for analysis to the State Pesticide Testing Laboratory Durgapura, Jaipur and the Insecticide Analyst, State Pesticide Testing Laboratory, Jaipur gave his report on 31.10.1994, in which it was reported that the sample did not confirm to the relevant specification in the tests reported and hence, it was misbranded. It was also stated in the report that batch number of the insecticide was 930604 and date of manufacturing was 17th June 1993 and date of expiry was 16th June, 1995.
(3.) When the sample was not found in accordance with the prescribed standard, a notice dated 3.12.1994 was given by the Insecticide Inspector and Agriculture Officer (Plant Protection) Raisingh Nagar District Sri Ganganagar to the dealer M/s. Pawan and Company, Raisingh Nagar, District Sri Ganganagar, from whom, sample was taken and in response to the said 30 notice, a reply was filed by M/s. Pawan and Company Raisingh Nagar on 7.12.1994 stating therein that they purchased the article in question from the accused petitioners 3 and 4. Thereafter, on 6.4.1995, notice was also given to the accused petitioners 3 and 4. On this complaint, the learned Addl. Chief Judicial Magistrate, Raisingh Nagar (Sri Ganganagar) vide order dated 30.6.1997 took cognizance against the accused petitioners for the offence punishable under section 29(1)(a) of the Act of 1968.;