Arvind Kumar, J.

1. The petitioners are seeking quashing of criminal complaint titled as State v. M/s SanjeevSales Corporation etc., pending before Chief Judicial Magistrate, Mansa, under Sections 3(k)(i), 17, 18, 21, 29, 30 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act, in short) and Insecticides Rules, 1971 and consequent proceedings thereto.

2. The aforesaid complaint was filed against the petitioners and others with the allegations that on 4.7.2003 samples of Glyphosate 41%, Batch No. 33030012, manufactured by M/s Monsanto India Ltd. with manufacturing date 10th March, 2003 and expiry date 9th March 2005 from the container were drawn from the premises of the petitioners. However, on analysis the sample was found mis-branded as it was found containing active ingredients contents of 43.52% against 41% prescribed active contents. After completing the usual formalities, the complaint was filed, wherein the petitioners were arrayed as accused therein being distributor/dealer of the aforesaid misbranded insecticide.

3. The quashing of the impugned complaint has been sought by the petitioners on the ground that the the sample was never taken in accor