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2010 Supreme(Raj) 577

MAHESH CHANDRA SHARMA
Northern Minerals Ltd. – Appellant
Versus
State of Raj. – Respondent


Advocates Appeared:
P.K. Sharma, for Petitioners;
Pradeep Shrimal, PP, for State

JUDGMENT

Hon'ble SHARMA, J.- This miscellaneous petition has been filed against order dated 26.11.1994 passed by the Chief Judicial Magistrate Dholpur in Criminal Complaint Case No. 695/1994 (776/1996) for taking cognizance against the accused petitioner and summoning them through warrant and for quashing the complaint filed by the Agriculture Officer (Plant Protection) Dholpur now pending before the Judicial Magistrate No.1, Dholpur.

2. Facts giving rise to this petition are that Agriculture officer (plant Protection) Dholpur filed a complaint before the Chief Judicial Magistrate Dholpur on 27.10.1994 about samples taken on 23.2.1993 from M/s. Mittal Beej and Tobacco Store, Sadar Bazar Bari District Dholpur. It was alleged in the complaint that the firm was selling insecticides Dhanuka M 45 (Mancozeb 75% WP). The sample was sent to Government Insecticides Laboratory Durgapura, Jaipur (Rajasthan). On analyses the sample was found to be misbranded. In the complaint it was prayed that the accused persons may be dealt with as per section 29 of the Insecticides Act, 1968. The complaint was filed on 27.10.1994 and the process issued against the accused persons on 26.11.1994. The learned c


















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