LAWS(RAJ)-2018-12-32

NORTHAN MINERALS LTD Vs. STATE OF RAJASTHAN

Decided On December 06, 2018
Northan Minerals Ltd Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Petitioners have preferred separate revision petitions aggrieved by order dated 18.02.2006 passed by Judicial Magistrate First Class, Udaipurwati Rajasthan, whereby the learned Court below has framed charges against the petitioners for offence under Section 29(1)(a) of the Insecticides Act, 1968 (herein after referred to as the 'Act').

(2.) It is contended by counsel for the petitioners that there is no averment in the complaint that the Directors were responsible to the company for the conduct of the business of the company.

(3.) It is contended that in the absence of specific averments to this effect, Court was not empowered to take cognizance against the Directors of the company. It is also contended that the report of Insecticide Analyst was not served upon M/s Northan Minerals Ltd. and its Director, as a result of which they could not get the sample analyzed by the Central Insecticide Laboratory.