C.P. SHORAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the accused petitioners, seeking quashment of the criminal complaint under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act) read with Rule 27(5) of the Insecticides Rules and all subsequent proceedings taken thereon.

(2.) STATE of Punjab through its Insecticides Inspector had filed criminal complaint dated 6.4.1995 under the aforesaid offences against 4 persons namely (1) Kirpal Singh, Proprietor of M/s. Paul Pesticide, (dealer) (2) Surinder Kumar, partner of M/s. Pest Control Service (distributor), (3) Surinder N. Desai, Assistant Manager Quality Control, and (4) C.S. Shoran, Sales Manager; both of M/s Cynamid India Limited (manufacturer).

(3.) ON the basis of the said complaint, the learned Magistrate summoned the accused persons. In the present petition under Section 482 Cr.P.C., filed by accused C.P. Shoran, it has been inter alia alleged that in the complaint there is no allegation against the petitioner that he was the incharge and was responsible to the company for the conduct of its manufacturing unit. It was alleged that C.P. Shoran, petitioner, was working just as Sales Manager of M/s. Cynamid India Ltd., at the time when the sample was taken from M/s. Paul Pesticide, Ferozepur and that petitioner was not incharge and responsible for the quality control of the company rather he was incharge of distribution and supply, being Sales Manager of the company. It was alleged that the complaint had been filed against the petitioner without even implicating the company as an accused.