SURINDER KUMAR JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Surinder Kumar Jain, Managing Director, M/s. National Pesticides Chemicals, Saharanpur (U.P.) has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the complaint filed under Section 3(k)(l) read with Section 29(1)(a)(i) of the Insecticides Act, 1968 (hereinafter referred to as 'the Act'), and the subsequent proceedings arising therefrom.

(2.) IT had been stated in this petition that M/s. National Pesticides Chemicals, Sharanpur (U.P.) is a manufacturing company of various types of insecticides. The Petitioner is its Managing Director. As per the allegations made in the complaint, on 8.1.1997, the Insecticides Inspector visited the premises of M/s. Karan Agriculture Store, Obra and took a sample of BHC 50% W.P. from 500 grams packing bearing batch No. 60, manufacturing date November, 1995 and expiry date October, 1997, by virtue of powers vested under Section 27 of the Act. After analysis, the aforesaid sample was found to be mis - branded as the same did not conform to the ISI specifications. Subsequently, the aforesaid complaint was filed.

(3.) COUNSEL for the Respondent -State submits that even if the offending company has not been arrayed as an accused in the complaint, the Petitioner, who was the Managing Director of the said Company at the relevant time is liable to be convicted for the alleged offence as he was a person responsible for the conduct of the business of the Company. However, he did not cite any contrary judgment in support of his submission.