ORDER:

1. The present Revision is filed under Sections 397 and 401 Cr.P.C. challenging the conviction and sentence imposed in Criminal Appeal No.23 of 2006, dated 24.7.2007, on the file of the Metropolitan Sessions Judge, Vijayawada, confirming the conviction and sentence imposed in C.C. No.504 of 2001, dated 10.1.2006 on the file of the I Additional Chief Metropolitan Magistrate, Vijayawada, wherein the petitioners-accused were convicted under Section 29(1)(a) read with Section 3k(1) of Insecticides Act and sentenced to suffer rigorous imprisonment for a period of one year each and to pay fine of Rs.1,000/- each, in default, to suffer simple imprisonment for a period of one month each.

2. The facts in issue are as under :

On 23.12.1999 at 8.00 AM, P.W.1 inspected the premises of A1, issued form No.20 acknowledgment and drawn pesticides sample phorate 10% C.G. (Phorwin 10% C.G.) as per the procedure in the presence of mediators - P.Ws.2 and 3. A1 issued invoice for the above phorate. Four portions of the sample were packed and sealed. First portion of the sample was handed over to A1; second portion of sample was sent to Deputy Director of Agriculture (Insecticides Analyst) Testing La