N.N. Mathur, J. - (1.) Instant petition under Section 482 of the Code of Criminal Procedure has been filed seeking direction to quash the order dated 27.7.2002 passed by the Chief Judicial Magistrate, Jodhpur.
(2.) Briefly stated the fact of the case are that the District Agriculture Officer, Jodhpur inspected the Shop of M/s. Gehlot Agro Traders, Paota, Jodhpur on 23.5.2000 and took a sample of Chioropiaryphose 25% insecticide. The sample was sent for chemical analysis and was found to be misbranded complaint has been filed against the dealer namely M/s. Gehlot Agro Traders and its Proprietor namely Rajesh Bhati as well as the manufacturer M/s. Gupta Chemicals (P) Ltd.. Jaipur to and its Works Manager namely Om Prakash Tak. The learned Magistrate took cognizance by order dated 18.4.2001. The prosecution filed an application on 22.1.2001 to the effect that State Government has withdrawn their request earlier granted by order dated 27.7.2000 as against the accused Nos. 5 to 9. Thus, a prayer was made to drop the proceedings as against accused Nos. 5 to 9. There is another order dated 8.10.2001 wherein the sanction against the dealer and manufacturer has also been withdrawn. The prayer was made to drop the proceedings as against them as well. Sad application has been rejected by the impugned order of the learned Chief Judicial Magistrate, Jodhpur. I have perused the office order dated 8.10.2001 issued by the Joint Director of Agriculture, (Plant Protection), Rajasthan, Jaipur whereby he has granted consent on behalf of State for the prosecution of dealer and manufacturer. For ready reference, the office order is reproduced as follows:- "Government of Rajasthan Directorate of Agriculture, Rajasthan, Jaipur No.F4(6) WC/Tech1/PP/2001/11671-74 Dated: 8.10.2001 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 Govt. Notification No F4(4)Agri./Gr.21A/79, dated 19.4.84) to the Insecticide inspector & Assistant Director of Agri. (HO) C/o Dy. Director of Agri. (Ext) Jodhpur to institute the case for prosecution under section 29(1) a of the Insecticides Act. 1969 in public interest against the following:--in this case, the consent issued vide letter No. F4(6)Woflech/11 PP/2001/10613-16 dated 27.7.2000 is hereby cancelled. DEALER 01: M/s. Gehlot Agro Traders, Pawta, Jodhpur 02: Shri Rajesh Bhati Slo Shri Babulal ji, R/o 130, Shastri Nagar, Jodhpur, Prop. of M/s. Gehlot Agro Traders, Pawta, Jodhpur MANUFACTURER 01: M/s Gupta Chemicals Pvt. Ltd., 8-144, Road No. 9, Vishwakarma Industrial Area, Jaipur-302012. 02: Shri Om Prakash Tak Si0 Shri Narayan Tak. B-144, V'shwakarma Industrial Area, Road No. 9, Jaipur Works Manager in Mls. Gupta Chemicals Pvt. Ltd., 8-144, Road No. 9, Vishwakarma Industrial Area, Jaipur-302012. SD/- Joint Director of Agriculture, (Plant Protection) Raj. Jaipur No F4(6)WC/Tech1/PP/2001/11671-74 Dated: 8.10.2001 Copy forwarded for information and necessary action to:- 01: The Insecticide Inspector & Assistant Director of Agri. (HO) C/o Dy, Director of Agri. (Ext) Jodhpur with reference to his letter No. 4047-48 dated 20.9.2001 against analysis report No. 935-37 dated 14.6.2000. He may please contact the Assistant Public Prosecutor & Prepare the case for prosecution in consultation with the Assistant Public Prosecutor (with 2 spare copies). 02: The Joint Director of Agri. (Ext) Jodhpur. 03 The Dy. Director of Agri. (Ext) Jodhpur. SD/ 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. and Others v. State of Rajasthan & Insecticide Inspector, reported in 1996 Cr LR (Raj.) 134 . It appears that 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.;