H.R. Panwar, J. - (1.) By this criminal misc. petition under Section 482 C.P.C., petitioners seek quashing of criminal complaint/Case No. 194 of 1985 pending against them in the court of Chief Judicial Magistrate, Bikaner (hereinafter referred to as 'the trial court').
(2.) Briefly stated facts to the extent they are relevant and necessary for decision of instant criminal misc. petition are that on 4.12.1984 Harbansh Singh Jakhar, Insecticide Inspector and District Extension Officer, Department of Agriculture, Indira Gandhi Nahar Pariyojana, Pungal, Bikaner, appointed under Section 20 of the Insecticides Act, 1968 (for short 'the Act') by notification of State Government dated 8/7/1982, visited the shop premises of M/s. Agarwal and Brothers, Khajuwala, of which Satish Kumar. and Smt. Kamlesh Agarwal are the partners, took sample of insecticide Aldrin 30 EC having batch No. 3, date of manufacture July, 1984 and date of expiry June, 1986. The said sample was divided into three equal parts and were sealed in three separate packets. The Insecticides Inspector gave one sample of sealed packet to Shri Satish Kumar, partner of the said firm and sent second packet for analysis to the State Pesticide Testing Laboratory, Quality Control, Durgapura, Jaipur, and third sample was kept with the Insecticide Inspector. The analysis report dated 4.2.1985 of the State Pesticide Testing Laboratory, Quality Control, Durgapura, Jaipur, was received by the Insecticide Inspector within 60 days. The analysis report reveals that the sample of Aldrin 30 EC does not conform to the relevant is specification 1307-1982 in the active ingredient. Hence, it was found to be mis-branded. On being informed of analysis report to M/s. Agarwal and Brothers, through its representative Mr. Satish Kumar, the Insecticide lnspector was informed by him that the Insecticide in question was purchased by the said firm from M/s. Garg Fertilizer Company, 66 Jawahar Market, Sri Ganganagar vide bill No. 202 dated 31.8.1984 which was manufactured by M/s. Jai Chemical, Faridabad, Haryana. Petitioners are manager and owner of the firm M/s. Jai Chemical, Faridabad, Haryana. On 16.2.1985, partner of firm M/s. Agarwal and Brothers, Mr. Satish Kumar was informed-that the sample taken from his firm or being analysed by the State Pesticide Testing Laboratory, Durgapura, Jaipur, was found to be sub-standard. The stock lying with M/s. Agarwal and Brothers, was seized and the firm was directed not to sale the said insecticide in market till further orders.
(3.) Consent to launch prosecution was sought from the State Government under section 31 of the Act. The Joint Director (Plant Protection), Rajasthan, Jaipur, in exercise of powers conferred under sub-section (1) of Section 31 of the Act, vide its order dated 7.4.1985 gave a written consent on behalf of the State Government. The Joint Director (Plant Protection), Rajasthan, was authorised by the Government vide Notification No. F4(4)Agri/Gr. 2/A/79 to institute a case for prosecution under Section 29(1) (a) of the Act (Central Act 46 of 1968) against the petitioners and others. A complaint was filed before the trial court on 4.10.1985. By order dated 4.10.1985 the trial court took cognizance of the offence against the petitioners and others and issued process by summoning the petitioners and other persons named in the order. On 1.4.1988 notices issued to the petitioners were served. The petitioners have filed the instant criminal misc. petition on 3.8.1995 seeking quashing of the complaint in question and the proceedings initiated against them in furtherance of the said complaint.;