J.K. PAREEK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of the above mentioned two petitions under Section 482 Cr.P.C., arising out of the same complaint under Section 29(1) of the Insecticides Act, 1963 (hereinafter referred to as the Act) and the rules framed thereunder.

(2.) CRL . M. No. 8736-M of 1993 is the petition filed by the petitioner, namely J.K. Pareek, Commercial Manager, Herbicides (I) Limited, New Delhi. It was alleged in this petition that he is working as Commercial Manager of the Company and that he has been made accused in this complaint only because he was allegedly working with the aforesaid company, who had manufactured the insecticide in question. It was alleged that in the criminal complaint the petitioner namely J.K. Pareek had been impleaded as an accused without impleading the company as an accused and that in the complaint it was nowhere mentioned as to in what capacity the petitioner was working in the said company and in what manner he had contravened the provisions of the Act. Crl. M. No. 4771-M of 1995 has been filed by accused petitioner Ram Chander, for the quashment of the aforesaid complaint under Section 29(1) of the Act, alleging therein that he was only a dealer of the insecticide in question and that sample was taken by the Insecticide Inspector from him in a sealed packet and as such Ram Chander, petitioner, being the dealer, could not be made liable for any offence under the Act.

(3.) SO far as the petition bearing Crl. M. No. 8736-M of 1993 filed by accused J.K. Pareek on behalf of the manufacturer is concerned, in my opinion, the said petition has to be allowed and the criminal complaint filed by the State of Haryana against accused petitioner J.K. Pareek is to be quashed.