PREM A DEVIDAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Miscellaneous Petition, prayer has been made for quashing of complaint and dropping of further proceedings against the petitioner Prem A. Devidayal and Ram A. Devi Dayal on the grounds that they being the Directors of the company are not responsible for the day-to- day affairs, conduct, and business of the company.

(2.) Briefly stated the facts of the case are that Shri S.K. Verma, Plant Protection Officer and Inspector, visited the shop of M/s Ajay Agro Agency, Suratgarh on 26/12/2000 and took samples of methyl parathion 2% DP. After drawing samples in three packets as per usual mode of procedure, the same was sent to the Public Analyst, Faridabad for the purpose of analysis. A show cause notice was issued to the petitioner's company being the Distributor and a reply in pursuance thereof was sent on 12/3/2001, making a request for re-analysis of the sample.

(3.) The quashing of the proceedings has been made mainly on two counts. (i) The valuable right to have re-analysis of the sample has not been provided. (ii) Petitioner simply being Directors are not responsible for the conduct and business of the company since they were not in-charge and responsible for day- to-day affairs of the company.