SHRI. JAYANT NAG Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed by accused Nos. 2 and 3 of R.C.C. No. 479/2015, presently pending in the Court of learned Chief Judicial Magistrate, Parbhani for quashing and setting aside the proceeding. The proceeding is filed by Insecticide Inspector, a public servant for the offences punishable under sections 3 (k) (i), 17 (1) (a), 18 (1) (c) and 18 (2) of the Insecticides Act, 1968 (hereinafter referred to as 'the Act' for short) and the process is issued for these offences. Both the sides are heard.

(2.) The learned counsel for petitioners submitted that the petitioners are claiming relief on following two grounds:-

(3.) The contents of the complaint show that the Insecticide Inspector from Parbhani, who has filed the complaint, visited the shop of accused No. 1 Shri. Dhole, who runs proprietary concern M/s. Sri Adarsha Farm Services at New Mondha, Parbhani. Accused No. 1 is a dealer of insecticides and he sells the insecticides supplied by accused No. 2. Accused No. 2, present petitioner No. 1 Jayant Nag, is Zonal Sales Manager of M/s. Indofil Industries Limited of Akola, Maharashtra State. Accused No. 3 Uday Gite, present petitioner No. 2, is Deputy Manager, Quality Control of this industries (Expert in manufacturer process) and it is contended that as such he is also responsible for manufacturing insecticide.