GUPTA CHEMICALS PVT LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed by 12 accused for quashing of complaint filed under Section,3- K(l), 17, 18, 29 and 33 of the Insecticide Act, 1968 (hereinafter referred as the Act)and Rule 10(1) of the Insecticide Rules, 1971 (hereinafter referred as 'the Rules') Rule 27(5) of the Rules and for quashing all the consequent proceedings arising therefrom.

(2.) Petitioner No. 1 is the manufacturing company and petitioner No.2 is its Commercial Manager, who is representing it, being its nominee and responsible person. Petitioner Nos. 3 to 12 are the other employees of the petitioner No. 1 company. They are not the persons in-charge of or responsible to the conduct of its business.

(3.) In this case on 15.6.1994. a sample of monocrotphos 36% SL was taken by the Insecticide Inspector, Mansa from the shop of M/ s. Jherianwali Khad Bhandar, Mansa. The said product was manufactured by the petitioner company. On analysis by the Insecticide Testing Laboratory, Ludhiana, the said sample was found to be misbranded, as it did not conform to ISI specifications in its active ingredients and instead of 36% SL, the active ingredients were found to the extent of 28.69%. Subsequently, after obtaining necessary permission for prosecution, the Insecticide Inspector filed the aforesaid complaint in the Court of Judicial Magistrate, Mansa on 27.3.1995 against the present petitioners and M/ s. Jehrianwali Khad Bhandar, Mansa, the dealer.