HARBANS LAL,J. - (1.) This petition under Section 482 Criminal Procedure Code seeks quashing of the proceedings rending against the petitioners in the court of learned Chief Judicial Magistrate, Jodhpur in Cr. Case No. 124/01 for the offence under Section 29(1)(a) of the Insecticides Act, 1%8 (hereinafter called in short as 'the Act').
(2.) Briefly stated, the relevant facts necessary for the disposal of this petition are that a compliant was filed in the court of learned Chief Judicial Magistrate, Jodhpur for the aforesaid offence on 20.12.2000 against the petitioners and others with the allegation that the petitioner No. 2 to 4 are Directors of petitioner No. 1 which firm was checked on 24.8.2000 and samples of Krogar (Dimethoate) bearing Batch No. 42 manufacturing date 7/99 and expiry date 12/2000 were taken and the sample to the State Analyst for analysis was found to be misbranded. A copy of the report alongwith notice was sent to the petitioners' firm. In response thereto the petitioners' firm informed the department within the prescribed period that they intended to adduce evidence in controversion of the report of the State Analyst and for that purpose the sample be got retested by the Director, Central Insecticides Laboratory on their under section 482, Criminal Procedure Code for quashing the proceedings pending against petitioners in the court of CJM Jodhpur in Cr. case No. 124 of 2001. expenses. But, no action was taken. The shelf life of the sample in question expired before the petitioners were summoned for the first time vide order dated 18.4.2001 for 29.6.2001. As such, they were deprived of their valuable right to get the sample retested by the Central Insecticides Laboratory as per the provisions of Section 24(4) of the Act. So, they have prayed for quashing the criminal proceedings pending against them.
(3.) I have heard learned counsel for the petitioners and learned Public Prosecutor on behalf of the State and have perused the record as also the authorities relied upon by the learned counsel for the petitioners.;