G.R.MOOLCHANDANI,J. - (1.) Petitioners have preferred instant S.B. Criminal Misc. Petition under the provisions of 482 of Cr. P.C. to quash criminal complaint/prosecution pending against the petitioners in the Court of Judicial Magistrate, First Class, Court No. 12, Jaipur City, Jaipur pertaining to Criminal Case No. 230/1995 State v. Gupta Chemical Private Limited and Ors.
(2.) Backdrop of the matter reveals that a criminal complainant was lodged by Inspector, Insecticides/Seed/Fertilizer, Jaipur against the petitioners under Section 29(1)(a) of the Insecticides Act, 1968 (for short hereinafter referred as 'the Act'), pleading therein that the accused-petitioners have since contravened provisions of Section 17(1)(a) of the Act, so be punished under Section 21(1)(a) of the Act, said complainant was presented before the trial court on 13.11.1995 and the accused-petitioners were summoned by the trial court vide equal dated order on 13.11.1995.
(3.) Contents of complaint discloses that the sample of insecticide was taken on 29.06.1995 and admitted expiry of sample was April 1996, report of Analyst was obtained on 23.08.1995, a show-cause notice was issued to the petitioners on 31.08.1995, which was replied by the petitioners on 14.09.1995, the sanction for prosecution under Section 31 was granted on 07.10.1995 and the complaint was filed before the court below on 13.11.1995 and cognizance was taken on the same day. One of the accused P.K. Gupta appeared before the court below on 30.09.1997 and rest of the accused persons put their appearance in on 13.05.1999. Upon appearance, petitioner P.K. Gupta moved an application before the court below under the provisions of Section 33(1) of the Act praying that he was authorized person to conduct the business of the Firm, so proceedings against rest of the accused persons be dropped.;