NAMCO INDUSTRIES PVT LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) None for the Applicant.

(2.) Heard Mr. V.D. Hon, learned Senior Advocate assisted by Mr. Ajinkya Deshmukh, learned Advocate for the non-applicant No. 2 and Mr. K.S. Hoke Patil, learned A.P.P. for the non-applicant No. 1 - State.

(3.) The Applicant - Company has approached this Court with the prayer that the proceedings of STC No. 5829/2002 initiated on the complaint of non-applicant No. 2 for the offences punishable u/ss 3 (k) (i), 17 (i) (a), 18 (1) (c) read with 29 (i) (a) and 29 (3) (i) of the Insecticides Act, 1968 be quashed. The contention on behalf of the applicant is that the mandatory provisions of Sec. 24 of the Insecticides Act are not complied with and, therefore, the prosecution can not be continued. Sec. 24 of the Insecticides Act reads as under :