1. - By this petition, the petitioners seek to quash the prosecution pending against them in the Court of addl. Chief Judicial Magistrate, Rajgarh, District Alwar in the Criminal Case No. 5/97 for the offence under Section 29(1) (a) of the Insecticides Act, 1968.

2. The facts are that on 21.3.1995 sample of BHC 10% of batch No. B-550, date of manufacture being July 1994, expiring in June 1996 was taken from M/s. Kisan Seva Kendra. This sample was sent for analysis to State Pesticides Testing Laboratory, Durgapura, whereupon it was found to be misbranded. Then the Dy. Director, Agriculture issued a show cause notice on 23.6.1995, which was replied on 3.7.1995, and it was specifically requested therein that the sample be sent to Central Insecticide Laboratory for retesting as per Section 24(3) and 24(4) of the Act, for the purpose of adducing evidence in controvertion of the testing report. However, nothing was done, and the complaint was filed on 7.1.1997, i.e., after expiry of the shelf life of the substance. It is contended that in view of positive request having been made under Section 24(3) and (4) for reanalyse of the sample by the Central Laboratory, at a time when the shelf life had not expired, but then that request was not heard to, and the prosecution has been launched after expiry of the shelf life, on account of which, the petitioners' rights have been prejudiced, and the prosecution cannot be maintained.

3. In my view, the matter is squarely covered by the judgment of this Court in Artee Minerals (M/s.) & Anr. v. State of Rajasthan & Ors., reported in 2002 (1) Cr.L.R. (Raj.) 348 . On the principles propounded by this Court in Artee Mineral's case, the prosecution is required to be quashed.

4. Consequently, the petition is allowed, and the prosecution lodged against the petitioners in Criminal Case No. 5/97 pending in the Court of Additional Chief Judicial Magistrate, Rajgarh, District Alwar is quashed.Petition allowed - Proceeding Quashed.

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