B. SHIVA RAMA REDDY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of Code of Criminal Procedure for quashing the complaint dated 24.4.1997 (Annexure P-1) under Sections 3(k)(1), 17, 18, 33 punishable under Section 29 of the Insecticide Act, 1968 (for short, "the Act") read with Rule 27(5) of the Insecticide Rules, 1971 and all the consequent proceedings arising out of the said complaint.

(2.) IT has been averred in the petition that petitioner No. 1 is the Assistant Manager, Quality Control of M/s. Bhaskar Agro Chemicals Limited (for short, "the Company"), a registered manufacturing company of different types of insecticides and pesticides, situated at Survey No. 286, Lingo Ji Dugam Choutuppal Mandal, Nalagonda (Andhra Pradesh) and petitioner No. 2 is the Manager of the Company. The Insecticide Inspector on 9.7.1996 inspected the premises of M/s Lekh Raj and Sons, Mandi No. 2, Abohar who is a dealer of the Company and drew the sample of Monocrotophos 36% S.L. Manufactured by the Company in three original packing containers of Monocrotophos 36% SL, batch No. 024, manufacturing date 8/95 expiry date 1/97 each containing 250 mls. Two parts of the sample were sent to the office of the Chief Agricultural Officer, Ferozepur and one part was handed over to the dealer. One part of the sample was sent to the Insecticide Testing Laboratory, Amritsar. From the test report, it was found by the Senior Analyst that the sample did not conform to the relevant ISI specifications in its active ingredients percentage as the sample contained 32.93% active ingredients instead of 36%. On the basis of the report of the Senior Analyst, complaint Annexure P-1 was lodged in the Court of Shri B.S. Mangat, Sub-Divisional Judicial Magistrate, Abohar against the proprietors of the dealer firm and two officers of the Company. The officers of the company filed the present petition before this Court on the ground that they could not be prosecuted because they were not the persons Incharge and responsible for the conduct and business of the Company and thus the complaint be quashed qua them.

(3.) I have heard learned counsel for the parties.