R. C. GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition under Section 482 Cr.P.C. has been filed by R. C. Gupta, Accountant, M/s. Pesto Chemicals India Limited for quashing the complaint Annexure P/1 and all subsequent proceedings arising therefrom pending against the petitioner and others in the Court of Chief Judicial Magistrate, Sonepat.

(2.) THE brief facts of the case relevant for the disposal of this petition are that on 15.1.1988 Shri Jagdish Chander Sharma, Ex.Sub Divisional Agriculture Officer, Sonepat inspected the premises of M/s. Dutta Brothers, Murthal Mandi, District Sonepat, along with Shri Mahavir Singh Dahiya, Circle Agriculture Officer and drew three samples of BHC 10% in the prescribed manner. One sealed sample was sent to Senior Analyst of Karnal Insecticides Laboratory for analysis and the Senior Analytical Chemist vide his report informed that the sample did not conform to the active ingredients and Sieve Test requirement. A complaint was, thus, filed for the offences under Sections 3-K and 18(1) and (c) of the Insecticides Act, 1960, (for short 'the Act') against Shri Sudhir Dutt and the present petitioner.

(3.) IN the reply submitted by the respondent it was maintained that Shri R. C. Gupta was the Sales Manager of M/s. Pesto Chemicals India Limited and he was responsible for the conduct of its business. Proceedings were rightly initiated against him.