ZAL BALSARA Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 ("crpc") filed by the Petitioner seeking quashing of the Complaint Case No. 136/1997 titled Plant Protection Officer/licensing Officer v. M/s. Singla agencies and Ors. under Section 29 (1) of the Insecticides Act, 1968 ("act" ). In the array of the accused in the complaint the Petitioner was shown as accused no. 4 with the name "jai Balsara" although it should read as "zal Balsara. "

(2.) THE complaint states that the Insecticides Inspector, Government of Delhi visited the shop of M/s. Singhla Agencies, 29/1, Shakti Nagar, Delhi for inspection of records of storage of insecticides being sold in the said shop. The Insecticides Inspector purchased three packets of ALLTHRIN 4 W. W Mats. The samples were sealed in the presence of the accused. One of the samples was sent to the Government Analyst. The report revealed that the sample was misbranded. Paras 7 and 8 of the complaint read as under:

(3.) BALSARA Hygiene Products Limited ("the Company")and the Petitioner had filed a joint petition Crl M (M) No. 1287 of 2001 in this Court seeking quashing of the criminal proceedings. By a judgment dated 23rd August, 2003 the learned single Judge of this Court dismissed the petition. As regards the contention of the Petitioner that there was no averment in the complaint that Zal Balsara was responsible for the conduct of the business of the Company, this Court held: (para 10)