JUDGMENT :

Jagdish Singh Khehar, J.

Criminal Appeal No. 1034 of 2005

1. An Insecticide Inspector-cum-Assistant Director of Agriculture (HQ) Ajmer, seized sample of Dimethoiate 30% EC (of Batch No.810) from the shop of M/s Joshi Krishi Agencies, Vyapari Mohalla, Near Power House, Madangaj, Kishangarh, Rajasthan, on 15.10.1994. It is not a matter of dispute, that the above sample of the insecticide was manufactured by M/s Northern Minerals Ltd. (appellant No.1 herein) in March, 1994. It is also not a matter of dispute, that the shelf life of the insecticide was to expire in August, 1995.

2. The concerned Insecticide Inspector sent the seized sample for analysis to the State Pesticide Testing Laboratory, Durgapura, Jaipur. Consequent upon the analysis made by the Testing Laboratory, report dated 13.12.1994 came to be submitted, which declared the sample drawn on 15.10.1994 as misbranded.

3. A show cause notice dated 30.12.1994 was accordingly issued to appellant No.1 i.e. M/s Northern Minerals Ltd., as also, the three other appellants before this Court, all of whom were Managing Director/Director of appellant No.1. The aforesaid show cause notice along with its report dated 13.12.1994 was