VIDYA MADHUSUDAN MURKUMBI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Present Application Is Filed U/S.482 Of The Code of Criminal Procedure (for short, "the Cr.P.C.") for quashing and setting aside the criminal complaint being Criminal Case No.1146 of 1999 pending before the Court of learned J.M.F.C., Idar.

(2.) Heard learned advocate Mr. Nandish Thakkar appearing for M/s. Thakkar and Pahwa Advocates for the applicant-original accused no.4. He submitted that the complaint being Criminal Case No.1146 of 1999 has been filed by respondent no.2-original complainant u/s.3(d) (1), 17(a)(b)(c), 18(1)(c) r/w. 29(1) of the Insecticides Act, 1968 (for short, "the Act") against the applicant and five others.

(3.) It is alleged in the complaint that sample of "Azadirachtin", manufactured in August 1997 and having expiry in July 1999, was collected by the complainant on 22.09.1998 and it was sent to the Regional Pesticide Testing Laboratory, Kanpur for analysis on the same day. The said Laboratory submitted the Report on 04.12.1998 wherein, it was stated that the active ingredient content present in the sample was only 0.03% w/X instead of 0.15% w/v. and thus, there was a breach of the relevant provisions of the Act. It is further alleged in the complaint that show-cause Notice dated 22.01.1999 was issued seeking necessary explanation for the above breach of the provisions of the Act. It is stated that accused no.5 gave explanation stating that he had sold the insecticide to accused no.3, who, in turn, had sold it to accused no.1.