Prakash Tatia, J. - (1.) Heard learned counsel for the parties and perused the record.
(2.) The petitioners have challenged their prosecution for the offences under Sections 3(K)(1), 17(1)(A), 18 and 29 (1)(A) of the Insecticides Act, 1968 (hereinafter referred to as the Act of 1968), which was pending in the court of Chief Judicial Magistrate, Bikaner in Cr. Case No.615/2003 State v. M/s. Biggaji Agro Agency & Ors.
(3.) Brief facts of the case are that drug sample was taken from the shop of M/s. Biggaji Agro Agency, Bikaner on 12th June, 2003 and was sent for its analysis and report to the State Pesticides Testing Laboratory, Bikaner on 16th June, 2003. The report adverse to the petitioners received on 11th July, 2003 holding that sample to be mis-branded and it does not conform to the relevant specification in the test report. Complaint was submitted in the trial court on 15th Oct., 2003. The prosecution case has been challenged on the ground of sanction for prosecution given under Section 31(1) of the Act of 1968 to be illegal as has been given without application of mind and without considering any of the facts of the case before granting sanction for prosecution. The sanction order is as under:- "REVISED Government of Rajasthan Directorate of Agriculture, Rajasthan, Jaipur. No.F4(16)WC/Tech1/PR/2003 Dated 7.10.03 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.F.4(4)Agri./Gr.2/A/79, dated 19.4.84) to the Insecticide Inspector & Assistant Director of Agri.(Ext) Bikaner to institute the case for prosecution under section 29(1) a of the Insecticides Act, 1968 in public interest against the following. In this case, the consent issued vide letter no.F4(34)WC/Tech/1/PP/2003/9340-41 dated 4.9.2003 is hereby cancelled. DEALER: 01: M/s. Shri Bigaji Agro Agency, 91-B, Nai anaz Mandi, Bikaner. 02: Shri Bhagirath S/o Shri Mangla Ram Jat, Prop. Of M/s. Shri Biggaji Agro Agency, 91-B, Naianaz Mandi, Bikaner. DISTRIBUTOR:- 01: M/s. Jai Chemicals, 9-10 Udhyog market, Nai Mandi road, Sriganganagar. 02: Shri Subhash chand S/o Banarshi Das, 378 Agrsen nagar, Sriganganagar, Prop. Of M/s. Jai chemicals, 9-10 udhyog market, Nai Mandi road, Sriganganagar. 03: Shri Amrit lal Batra S/o Shri Aisee ram batra, r/o S-27/28, NDSE Part-2, Delhi,Partner of M/s. Jai chemicals, 9-10 udhyog market, Nai mandi road, Sriganganagar. 04: Smt. Reeta rai W/o Shri Rahul Rai, R/o S- 493, Greater Kailash Part, New Delhi, partner of M/s. Jai chemicals, 9-10 udhyog market, Nai Mandi road, Sriganganagar. 05: Shri Sanjay Batra S/o Shri A.L. Batra, R/o C-27/28, New Delhi, partner of M/s. Jai chemicals, 9-10 udhyog market, Nai Mandi road, Sriganganagar. 06: Shri Tarun Kumar Munjral S/o Shri Sushil Kumar, R/o 27-28 NDSE Part-2, New Delhi, partner of M/s. Jai chemicals, 9-10 udhyog market, Nai Mandi road, Sriganganagar. MANUFACTURER:- 01: M/s. Jai Chemicals, 14/1, Mathura Road, Faridabad. 02: Shri V.K. Katara S/o Shri N.L. Sharma, Responsible person for quality control of M/s/ Jai Chemicals, 14/1, Mathura Road, Faridabad. Sd/- Joint Director of Agriculture (Plant Protection,) Raj. Jaipur Dated: 7/10 No.F.4(16)WC/Tech1/PP/2003/11260 - 62 Copy forwarded for information and necessary action to:- 01: The Insecticide Inspector & Assistant Director of Agri. (Ext) Bikaner with reference to his letter No. 1581 dated 20.9.2003 against analsis report No.395-97 dated 11.07.2003. 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), Sriganganagar. 03: Dy. Director of Agri. (Ext) Churu. Joint Director of Agriculture, (Plant Protection) Raj. Jaipur.";