S.K. JINDAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN the present petition, filed under Section 482 of the Code of Criminal Procedure, the Petitioner herein, prays for quashing of the impugned complaint dated 31.7.2001 (Annexure P -2) and all consequential proceedings ensuing therefrom.

(2.) THE Petitioner is a Director of a Company namely; M/s. Safex Chemicals (India) Ltd., New Delhi (hereinafter referred to as "the Company", duly registered under the Companies Act. The company has its factory at Bahadurgarh, Distt. Jhajjar, where it manufacture pesticides and insecticides. On 13.1.2001, the Respondent drew a sample of Fenvalrate 20% E.C. Pesticide from the shop premises of M/s. Zamindara Sewa Centre, Shahabad Markanda, Distt. Kurukshetra. Upon analysis, by the State Quality Control Insecticide Laboratory, Karnal, the sample was found to be misbranded.

(3.) THE sole contention, raised by counsel for the Petitioner, is that under the provisions of the Act, more particularly Section 33 thereof, when a company is sought to be prosecuted, for an offence under the Act, such persons alone can be cited as accused as were incharge of or were responsible to the company for the conduct its business at the time of commission of the offence. The complaint is required to specifically and categorically aver that the accused was incharge of or was responsible to the company for the conduct of its business.