S.K. AHOOJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code Criminal Procedure for quashing the prosecution pending against the petitioner in the Court of Judicial Magistrate Ist Class, Kurukshetra, under Section 29(1)(a) read with Section 3(k)(i) of the Insecticides Act, 1968 (hereinafter called as 'the Act').

(2.) THE facts leading to the prosecution of the petitioner are that on 17-9-1985, Insecticide Inspector Om Singh had drawn sample of Methyl Parathion 50%, EC (Batch No. MEL 5/117) from the premises of M/s Sharma Agriculture Store, Partap Mandi, Shahabad Markanda. The sample was sent to the Central Insecticide Laboratory at Faridabad for analysis. According to the report of the Analyst, the sample showed lower active ingredient. On the basis of the said report, a complaint was filed and in that complaint, the trial Court had issued summons to the petitioner for appearance in its Court. The petitioner has sought for quashing the prosecution against him on a number of grounds.

(3.) PETITIONER is a Regional Sales and Technical Manager of M/s Bayer India Limited, which is a public limited company registered under the Companies Act, and having its registered office at Express Towers, Nariman Point, Bombay-400021. The company manufactures among other things pesticides including the pesticide known as Methyl Parathion 50% EC. Respondent No. 2 is agent of the petitioner's firm. As the report of the Analyst reveals that sample showed lower active ingredient and thus it was found to be substandard and the sale of the substandard pesticide is prohibited, the complaint was lodged. The petitioner being the Regional Sales and Technical Manager of Bayer India Limited, which is the manufacturer of pesticides, had sold this pesticide to respondent No. 2, so the petitioner was summoned to face the prosecution.