K G PAPU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C. (in brief the Code), to quasi the proceedings in C.C.No. 235 of 1992 on the file of Additional Munsif-Magistrate, Sattenapalli in so far as the petitioner is concerned.

(2.) The contention of the petitioner is that under Section 305 of the Code when the Corporation or the Company is one of the accused, it may appoint a representative for purpose of enquiry or trial; under Section 33 of the Insecticides Act, 1968 (in brief the Act) where an offence under the said Act has been committed by a company, every person who at the time the offence was committed was incharge of, or was responsible to the company for the conduct of business of the company, shall be deemed to be guilty of the offence; accordingly, the accused Nos. 7 and 8 were nominated under Section 33 (1) of the Act; a communication in that behalf was duly received by the authorities concerned; and in view of that, prosecuting the petitioner, who is the Managing Partner of the firm, is now warranted.

(3.) To appreciate the contention raised by the petitioner Section 33 of the Act and Section 305 (ii) of the Code be extracted which read as follows :-