Harbans Lal, J. - (1.) This Criminal Misc. Petition under section. 482 Criminal Penal Code is directed against the order dated 1.7.1997 of the learned Additional Chief Judicial Magistrate Nohar in Cr. Case No. 226/97 taking cognizance against the petitioners for the offences under sections. 17, 18 r/w Section 29 of the Insecticides Act, 1968 (hereinafter called in short 'the Act') and against the order dated 22.12.2000 whereby the application filed by and on behalf of the petitioners for dropping the proceedings against them, has been rejected by the learned Judicial Magistrate 1st Class, Nohar in Cr. Case No. 46/98 to whom the case appears to have been transferred in the meanwhile.
(2.) Briefly, stated the relevant facts are that respondent No. 2-Anand Swaroop Chimpa, the Insecticides Inspector, Nohar checked and took sample on 12.12.1995 from M/s. Saini Pesticides Stores, Nohar who is the authorised dealer of the insecticides drugs and on getting a part of the sample of man cozeb 75% w.p. examined by the State Insecticides Testing Laboratory, the sample was found misbranded as per its report dated 8.2.1996. A notice along with a copy of the report was sent to M/s. Saini Pesticides Store, Nohar on 14.11.1996 who informed that the said drug was purchased by them from M/s. Modi Pesticides and Fertilizers, Nohar and the same was manufactured by M/s. Lupin Agro Chemicals (India) Ltd., Gujarat. The sample which was taken, was from a batch manufactured in August 1994 and, it was to expire in July 1996. No notice along with copy of the report appears to be sent to the manufacturer. The petitioners who received the notices on 19.11.1996 sent reply thereto on 14.12.1996 wherein they clearly indicated that they wanted to get the anther sample of the drug in question examined again by the Central Insecticides Laboratory for which they were prepared to make the payment of the necessary fee. But another part of the sample was not sent to the Central Insecticides Laboratory for examination and test and the complaint was filed on 1.7.1997 and on the same day cognizance was taken against the petitioners. It is to be noticed that the shelf life of the sample expired in July 1996 i.e. long before filing of the complaint.
(3.) The petitioners applied on 5.12.2000 for dropping the proceedings against them on the ground that the shelf life of the sample had expired before filing of the complaint and so they had been deprived of their valuable right to get the another part of the sample examined, analysed and tested by the Central Insecticides Laboratory. The said application was rejected by the Court of the learned Judicial Magistrate 1st Class. Hence, this petition.;