K.S. Rathore, J. - (1.) This revision petition under Section 397 read with Section 401 Cr.PC. is preferred against the order dated 24.9.2005 passed by the Additional Chief Judicial Magistrate, Shahpura (Jaipur) in criminal case No. 234/99 whereby the trial Court has framed charges against the petitioners for the offence under Section 29(1) of the Insecticides Act, 1968.
(2.) The facts in brief are that on 15.1.98, sample was taken by the Insecticides Inspector concerned from M/s. Rajasthan Agro Agency, National Highway No. 8, Shahpura (Jaipur) and the product of the sample taken was Malathion 5% Dust, Batch No. 36. This product was manufactured in March, 1997 and expiry date was February, 1998. The complaint was filed and cognizance was taken by the Judicial Magistrate against the petitioners on 14.5.99. Having heard learned counsel for the respective parties, admittedly the sample of the product was taken on 15.1.98 and same was received in the Laboratory on 19.1.98. It is also not disputed that the test was conducted on 3.3.98 i.e. after the expiry date February, 98. Admittedly, after one month of the expiry date, test was conducted and as such the report of such test cannot be a correct one with regard to the product seized by the Insecticides Inspector. Therefore, on the basis of the report submitted by the laboratory, case cannot be made out under Section 29(1) of the Insecticides Act, 1968. Thus, the trial Court has seriously erred in framing charge against the petitioners for the offence under Section 29(1) and thus the impugned order requires interference by this Court.
(3.) Consequently, the order impugned dated 24.9.2005 is quashed and set aside. The revision petition stands allowed. Record be sent back. Revision allowed.;