AGARWAL AGNCIES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under Sec. 482 of the Code of Criminal Procedure, the petitioners seek to quash the order dated 8-1-1999 passed by Judicial Magistrate, Pilibanga taking cognizance against the petitioners for offence under Secs. 17 and 18 read with S. 29(l)(a) of the Insecticides Act, 1968.

(2.) Briefly stated, the facts of the case are that on 20th Jan., 1994 Insecticides Inspector Shri Mani Ram Tomar collected sample of methyl parathion 2% D. P. from the shop of M/s. Agarwal Agencies, Mandi Goluwala. The Insecticide Analyst found the sample to be mixed-branded. He sent a report under communication dated 17-3-1994. The learned Magistrate issued the process against the petitioners by order dated 28-11-1996.

(3.) The petitioners have challenged the proceedings against them on number of grounds. It is inter alia contended that according to S. 33 of the Act only those persons can be held guilty for the offence under the Act committed by the company who at the time of the commission of such offence, was incharge of, or responsible to the company for the conduct of the business of the company. It is submitted that there must be a clear averment in the complaint that the person, against whom the complaint is filed, was responsible to the company for the conduct of business of the company at the time when the sample was taken but in the instant case there is no such averment in the complaint and that there is no allegation that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of the Director, Manager, Secretary or other officer of the company. The only allegation, made against the petitioners in Paragraph 13 of the complaint, reads as under : (Vernacular matter omitted)