R.S. Chauhan, J.-The petitioners have challenged the continuation of proceedings in Criminal Case No. 219/1995 “State vs. M/s Tikayat Kishan Vikas Kendra”, pending in the Court of Munsif and Judicial Magistrate, Sardarsahar for offence under Section 29(1)(a) of the Insecticide Act (henceforth to be referred to as “the Act” for short).

2. According to the petitioners, on 011.1994 an Insecticide Inspector inspected the shop of M/s Tikayat Kishan Vikas Kendra. He took samples of mithail parathiozen after observing all the formalities laid down by the Act. The said samples were sent for analysis and the same was found to be “misbranded” according to the report dated 212.1994. Vide letter dated 30.12.1994, the firm was informed about the misbranding of the sample. Immediately, the firm sent a letter wherein they claimed that the said insecticide was brought from M/s. Tropical Agro Systems (India) Ltd., Madras On 04.01.1995, the Insecticide Inspector also sent an information to the manufacturer M/s Tropical Agro Systems (India) Ltd., Vide letter dated 10.02.1995, the said manufacturer (petitioner No. 5) replied to the Insecticide Inspector. They clearly stated that the sample co