N.N. Mathur, J. - (1.) By way of instant petition u/s. 482 Cr.P.C., petitioners seek to quash the order of the learned Chief Judicial Magistrate, Jodhpur whereby he has framed charges against the petitioner for the offence u/s. 29(1)(a) of the Insecticides Act, 1968.
(2.) It is alleged that a sample of benomyl 50% WP of Batch No. 36 was taken from the shop of M/s. Krishna Agro Sales, Jodhpur on 24.8.2000. It was found to be misbranded. Thus, a complaint has been filed on 20.12.2000 against the petitioner for the offence u/s. 29(1)(a) of the said Act. It further appears that the Joint Director of Agriculture on behalf of the State Government has authorised the Insecticide Inspector and Assistant Director of Agriculture (PP) to institute a case for prosecution against the petitioner u/s. 29(1)(a) of the Act. The office order dated 12.2.2001 is extracted as follows:- "Government of Rajasthan Directorate of Agriculture, Rajasthan, Jaipur No.F4(6)WC)/Techl/PP/2000-01/25383-86 Dated 12.2.2001 OFFICE ORDER In exercise of the powers conferred under sub-section (1) of Section 31 of the Insecticides Act, 1968 (Central Act 46 of 1968) and after careful examination of the case, I hereby given written consent on behalf of the State Government (Authorized vide Government Notification No. F.4(4) Agri./Gr.2/A/79, dated 19.4.1984) to the Insecticide Inspector & Assistant Director of Agri. (PP) 0 to Joint Director of Agri. (Ext) Jodhpur to institute the case for prosecution u/s. 29(1)(a) of the Insecticides Act, 1968 in public interest against the following:- DEALER:- 1. M/s. Krisha Agro Sales, Plot No. 27, Ist Floor, Shopping Centre, Stadium, Jodhpur. 2. Shri Vinod Agrawal S/o Shri Jagdish Prasad, Prop. of M/s. Krishna Agro Sales, Plot No. 27, Ist Floor, Shopping Centre, Stadium, Jodhpur. MANUFACTURER : 1. M/s. Krishi Rasayan Exports Pvt. Ltd. FMC Fortuna, 234/3-A, A.J.C. Boss Road, Calcutta-700020. 2. Shri Deoki Nandan Khatore S/o Late Shri P.L. Khatore, Manager in M/s. Krishi Rasayan Exports Pvt. Ltd., FMC Fortuna, 234/3-A, A.J.C. Basi Road, Calcutta-700020. 3. Shri Vinay Kumar Churiwal S/o Shri Parmanand Churiwal, R/o 4, National Library Avenue, Calcutta- 700027, Director of M/s. Krishi Rasayan Exports Pvt. Ltd., FMC Fortuna, 234/3-A, A.J.C. Basi Road, Calcutta- 700020. 4. Shri Atul Churiwal S/o Shri Parmanand Churiwal, R/o 4, National Library Avenue, Calcutta-700027, Director of M/s. Krishi Rasayan Exports Pvt. Ltd., FMC Fortuna, 234/3-A, A.J.C. Basi Road, Calcutta-700020. 5. Shri Rajesh Kumar Agarwal S/o Shri Lakhpat Rai Agarwal, Club Road Mithanpura, Muzaffarpur (N. Bihar), Director of M/s. Krishi Rasayan Exports Pvt. Ltd., FMC Fortuna, 234/3-A, A.J.C. Basi Road, Calcutta- 700020. Joint Director of Agriculture, (Plant Protection) Raj. Jaipur."
(3.) A bare reading of the order reveals that it neither contains the facts constituting the offence nor any ground for satisfaction. There is nothing to show that relevant material was placed before the sanctioning authority and the same was considered by him. In the identical circumstances, the consent was found to be bad in law by this Court in M/s. Gupta Chemicals Pvt. Ltd. & 5 Ors. v. State of Rajasthan & Insecticide Inspector, reported in 1996 Cr.L.R. (Raj.) 134 . It appears that the State has realised the defect of the order of giving consent and as such withdrawn the same. There is no purpose of continuing the proceedings against the petitioners in absence of a valid consent.;