VAHANVATI AGRO CENTRE SIDHPUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. L. R. Pujari, learned A.P.P. waives service of notice of rule on behalf of the respondents. By consent of the parties, this matter is being heard and disposed of finally.

(2.) This is an application under Sec. 482 of the Code of Criminal Procedure. 1973 (for short, 'the Code') for quashing a complaint filed by respondent No. 2 herein before the learned Judicial Magistrate, First Class at Sidhpur in Mehsana District for offence punishable under Secs. 3, 17 and 18 read with Sec. 29 of the Insecticides Act, 1968 (for short, 'the Act'). The said complaint has been registered before the said Court as Criminal Case No. 728 of 1998.

(3.) It was alleged in the said complaint by the second respondent that the second respondent was working as an Agricultural Inspector in Agriculture Department at Sidhpur in Mehsana District. That it was his function and duty to collect samples of insecticides and fertilizer for being sent to appropriate laboratory for chemical test. This respondent also alleged in the said complaint that the first petitioner herein is dealing in sale and purchase of insecticides at Sidhpur. That petitioner No. 2 is a responsible partner of the said firm-petitioner No. 1. That petitioner No. 3 is a distributor. That petitioner No. 4 is a responsible partner of the distributor, petitioner No. 3. That petitioner No. 5 has been manufacturing insecticides at village Derol in Kalol Taluka of Panchmahals District. That petitioner No. 6 is a responsible person of the producer-petitioner No. 5.