SHASHIKANT VRAJLAL PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed against the order of the lower court rejecting the preliminary contention of the petitioners regarding jurisdiction of the trial court.

(2.) The contention of the petitioners who manufacture and market insecticides is that no offence is alleged to have been committed by these petitioners within the jurisdiction of the trial court at Valia District Bharuch and hence the complaint as against them was required to be dismissed.

(3.) The first petitioner is the manufacturer and the second petitioner is its sister concern marketing the goods manufactured by the first petitioner. They are accused Nos. 1 and 2 in the Criminal Case. Accused No. 3 is the distributor and accused No. 4 is the Manager of the Valia Taluka Co-op. Purchase and Sale Union Valia. It is the case of the complainant in para. 7 of the complaint that accused No. 1 who is the manufacturer of the insecticides had sold misbranded insecticides (D.D.T. 10% dust) to accused No. 4 through accused Nos. 2 and 3. The case of the petitioners is that petitioner No. 1 had sold the goods in question to accused No. 2 in Ahmedabad and accused No. 2 had sold the goods to accused No. 3 at Broach and accused No. 3 had sold the goods to accused No. 1 in Valia and therefore petitioners-accused Nos. 1 and 2 had no concern in the last sale that had taken place at Valia and therefore they cannot be prosecuted for the alleged offence of manufacture or of sale in the court at Valia.