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2002 Supreme(SC) 516

BRIJESH KUMAR, D.M.DHARMADHIKARI, D.P.MOHAPATRA
Gupta Chemicals Private LTD. – Appellant
Versus
State Of Rajasthan – Respondent


ORDER

Leave granted.

2. Heard learned counsel for the parties.

3. In these appeals filed by the accused against the judgment of the Rajasthan High Court dated 1-5-2001, declining to interfere with the criminal proceeding instituted against the appellant in exercise of the power under section 482 of the Criminal Procedure Code is under challenge.

4. The factual backdrop of the case which is relevant for appreciating the contentions raised may be stated thus:

M/s. Gupta Chemicals Pvt. Ltd. is engaged in manufacture of pesticides and insecticides including B.H.C. 10% dust, batch No. B/10-172 and phorates 10-G which are the materials in question in the present proceeding. On 31-10-1991, the insecticides inspector visited the shop of a dealer where these products were being sold. He collected samples of the materials for examination. In accordance with the procedure prescribed under Insecticides Act, 1968, the samples was divided into different parts of which one was given to the person from whom the sample was collected and another was sent to the state insecticides laboratory for analysis. It is relevant to state here that the expiry date of B.H.C. 10% dust, batch No. B/10-172 was Septembe




















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