N.N. Mathur, J. - (1.) By way of instant petition u/s. 482 of the Code of Criminal Procedure the petitioners seek to quash the proceedings against them pending in the Court of Judicial Magistrate First Class, Marwar Jn., for offence u/s. 29(1) (a) of the Insecticides Act.
(2.) The brief facts giving rise to instant petition are that on 8.11.95 one Govind Singh purporting to be the Insecticides Inspector collected samples of B.H.C. 10% Dust from the shop of petitioner No. 1 M/s. Choudhary Khad Beej Bhandar, Marwar, Jn., the insecticide being of Batch No. B-10-568, the date of manufacture being 2.10.95 and the date of expiry being 1.10.97 and manufactured by the 4th petitioner M/s. Singhal Pesticides, Agra (U.P.), for the purpose of getting analyzed as it was suspected to be of sub-standard. The sample was sent to the Govt. Analyst, Durgapura on 14.11.95. The sample was reported to be misbranded. A show cause notice u/s. 24(2) of the Insecticides Act was issued to the petitioners No. 1 to 4 on 1.2.1996 calling upon to show cause as to why a legal action be not taken against them. The petitioners submitted separate replies to the show cause notice. A request was also made for arranging reanalysis of the counter sample. As far as the petitioners No. 1 is concerned the ultimate prayer in reply to the show cause notice was made as follows: "However, we request your goodself to kindly arrange to reanalysis of the counter sample from the Central Insecticide Laboratory, Faridabad under the provision of Section 24(3) of the Insecticide Act for which the necessary charges will be paid by us if legally required. We are sure, that on analysis of the refee sample by Central Insecticide Lab. Faridabad it would meet the required ISI standard." Similarly the manufacturing Company namely M/s. Singhal Pesticides also gave reply to the show cause notice and made prayer as follows:- "However, we request your goodself to kindly arrange to reanalysis of the counter sample from the Central Insecticide Laboratory, Faridabad under the provisions of section 24(3) of the Insecticide Act for which the necessary charges will be paid by us if legally required. We are sure, that on analysis of the refee sample by Central Insecticide Lab. Faridabad it would meet the required ISI standard." After obtaining the necessary sanction a complaint was filed against the petitioners on 17.5.96 in the Court of Judicial Magistrate, Marwar Jn. An application was filed by the Insecticides Inspector for sending the sample as desired by the parties to the Central Insecticides Laboratory on the same day. However, the Court did not pass any order for sending the sample for analysis. The date of expiry of the sample is 1.10.97.
(3.) It is submitted by the learned counsel that the entire proceedings are vitiated inasmuch as the valuable right to get the sample reanalysed has been denied. On the other hand, it is submitted by the learned Public Prosecutor that this aspect of the case cannot be examined at this stage.;