1. Heard learned counsel for the parties and perused the record.

2. The petitioners have challenged their prosecution for the offences under Sections 3(K)(1), 17(1)(A), 18 and 29 (1)(A) of the Insecticides Act, 1968 (hereinafter referred to as the Act of 1968), which was pending in the court of Chief Judicial Magistrate, Bikaner in Cr. Case No.615/2003 State v. M/s. Biggaji Agro Agency & Others.

3. Brief facts of the case are that drug sample was taken from the shop of M/s. Biggaji Agro Agency, Bikaner on 12th June, 2003 and was sent for its analysis and report to the State Pesticides Testing Laboratory, Bikaner on 16th June, 2003. The report adverse to the petitioners received on 11th July, 2003 holding that sample to be misbranded and it does not conform to the relevant specification in the test report. Complaint was submitted in the trial court on 15th Oct., 2003. The prosecution case has been challenged on the ground of sanction for prosecution given under Section 31(1) of the Act of 1968 to be illegal as has been given without application of mind and without considering any of the facts of the case before granting sanction for prosecution. The sanction order is as und