SHAW WALLACE AND COMPANY LTD Vs. RAJVIR SINGH

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure, 1973 (For short the Code) has been filed by the applicants with a prayer to quash the proceedings in Criminal case No. 4078 of 1985 (Stale of U.P. through Rajveer Singh Yaduvanshi v. Harish Chandra Goyal and others) pending in the court of Chief Judicial Magistrate, Saharanpur, for an offence under section 29(1)(a) of Insecticides Act 1968. Act No. 46 of 1958. (For short the Act).

(2.) The facts leading to the present application lie in a narrow compass and they are these. On 24.3.1985 the opposite party No.1, the Insecticides Inspector, Saharanpur approached the film M/s. Annpurna Agro Chemicals, Saharanpur (not a party to this application) and found the pesticides Tara 909 (Dimethoate 30) Ec. Batch No. K-5/84, stocked for sale. and requested for its sample from Sri Harish Chandra Goyal not a party). The Opposite party No.1, the complainant. took! 3 samples of the said pesticides in its original packing of 250 Ml. in form XII which obviously indicates that the samples of the said pesticides were taken for testing, analysis and if necessary for initiating proceedings for the offence committed, in case the said insecticide was found misbranded as provided under section 3(k) of the Act. One of the samples was handed over to Harish Chandra Goyal the Proprietor of the shop and the other 2 samples were kept by the complainant for getting the same tested and analysed. The samples sent by the complainant for analysis to Fertilisers and Pesticides Analytical Laboratory, Alan Bagh, Lucknow (For short the State Laboratory) were received on 20.4. 1985. As a result of the testing in the State Laboratory sample was declared misbranded, vide report No. 353 dated 15.6.1985 (Annexure 3 to the affidavit). The active ingredient of the pesticide was determined as 22.86. The State Laboratorys report was received by the complainant on 1.7.1985, which was forwarded to Sri Harish Chandra Goyal the same day. After receipt of the report the complainant filed a complaint (Annexure 2) against the applicants, who are Manufacturer, Director and Chairman etc. of the company. The applicant No.1 is M/s. Shaw Wallace and Company Ltd. (For short the Company), the applicant No. 2 is the Chairman of the Company, the applicant No. 3 is Ex-Marketing Manager and the applicant No. 4 is Ex-Regional Manager of the Company. The present application has however, not been filed by Harish Chandra Goyal and Annapurna Agro Chemicals. The complaint was filed with prayer that the opposite parties (including present applicants and Mr. Goel and Annapurna Chemicals) may be punished as they have committed an offence under section 29(1) (a) of the Act.

(3.) After the receipt of that complaint the Chief Judicial Magistrate being prima facie judicially satisfied passed an order on 19.11.1985 (Annexure 1) directing process to be issued against the opposite parties (including the present applicants) and fixing 24.2.86 for appearance of the accused. The order passed by the Chief Judicial Magistrate issuing process is sought to be quashed by the present applications under section 482 of the Code.