GODREJ AGROVET LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed under Articles 226 and 227 of the Constitution of India and Section 482 of Cr.P.C. for quashing and setting aside the proceeding of S.T.C.No.162/08, which is pending in the Court of JMFC Badnapur. The case is filed by respondent no.2, public servant for offences punishable under various Sections of Insecticides Act, 1968 and Rules framed under the Act. Both sides are heard.

(2.) Copy of the complaint given by public servant shows that on 31/7/02, the Inspector appointed under the Special Act did the inspection of the premises of M/s Rama Sales Corporation, Badnapur. He found that the insecticide Monocrotophos 36% manufactured by Nagarjuna Agrichem Limited, Srikakulam, manufactured in June 2002 having expiry date of November 2003 were kept for sale. He had doubt about the quality of the insecticide and so he took samples of 250 ml. of the insecticide.

(3.) The petitioner Godrej Agrovet Ltd. is a dealer of aforesaid substance and it had collected these goods from manufacturer M/s Nagarjuna Agrochem Ltd. In response to the notice issued by Insecticide Inspector, Mr.R.K.Bansal, Manager, Product Supply of Godrej Ltd. sent reply and informed that only aforesaid manufacturer was responsible for the quality of the product.