A C SHROFF Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the complaint No. 323/2 dated 20.7.2007 under Section 3k (i), 17, 18, 29, 33 of the Insecticides Act, 1968 ('Act' for short) (Annexure P-12) and all the subsequent proceedings arising therefrom including the summoning order dated 20.7.2007 (Annexure P-13) and order dated 3.3.2009 (Annexure P-15).

(2.) Learned counsel for the petitioner has submitted that petitioner was Non Executive Chairman of the company with effect from 1.9.2003. Reliance in this regard has been placed on Annexure P-17. Learned counsel has further submitted that no show cause notice was issued to the petitioner. In fact, show cause notice Annexure P-10 was issued only to the company, Mr. K.S.Mashru and Sh. Avinsash Aute. Hence, the criminal proceedings against the petitioner were liable to be quashed as he was not responsible for day-to-day affairs of the company. In support of his argument, learned counsel for the petitioner has placed reliance on Ramrajsingh v. State of M.P. and another, 2009 2 RCR(Cri) 773wherein it was held as under:-

(3.) Learned State counsel, on the other hand, has submitted that petitioner himself had submitted affidavit (Annexure R-5) dated 20.7.1994 wherein he had stated that he was incharge and responsible for the conduct of the business of the company.