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2004 Supreme(Raj) 1303

N.N.MATHUR
Gupta Chemicals (P) Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:M.L. Garg, Advocate.
For the Party: D.D. Kalla, Public Prosecutor.

JUDGMENT

1. - Instant petition under Section 482 of the Code of Criminal Procedure has been filed seeking direction to quash the order dated 27.7.2002 passed by the Chief Judicial Magistrate, Jodhpur.

2. Briefly stated the fact of the case are that the District Agriculture Officer, Jodhpur inspected the Shop of M/s. Gehlot Agro Traders, Paota, Jodhpur on 23.5.2000 and took a sample of Chioropiaryphose 25% insecticide. The sample was sent for chemical analysis and was found to be misbranded complaint has been filed against the dealer namely M/s. Gehlot Agro Traders and its Proprietor namely Rajesh Bhati as well as the manufacturer M/s. Gupta Chemicals (P) Ltd.. Jaipur to and its Works Manager namely Om Prakash Tak. The learned Magistrate took cognizance by order dated 18.4.2001. The prosecution filed an application on 22.1.2001 to the effect that State Government has withdrawn their request earlier granted by order dated 27.7.2000 as against the accused Nos. 5 to 9. Thus, a prayer was made to drop the proceedings as against accused Nos. 5 to 9. There is another order dated 8.10.2001 wherein the sanction against the dealer and manufacturer has also been withdrawn. The prayer was made





















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