RALLIS INDIA COMPANY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have challenged their prosecution under section 29 (1) (a) of the Insecticides Act, 1968 (hereinafter referred in short 'the Act') by Dy. Director Agriculture (Extension) Pesticides Inspector and Registration Authority, Sirohi through this petition under section 482 Cr.P.C. by invoking the inherent jurisdiction of this Court.

(2.) Petitioner No. 2 is Chairman and petitioner No. 3 is Vice Chairman of M/s Rallis India Company, Bombay-petitioner No. 1. Petitioners No. 4 to 7 F.A. Mehta, Y. N. Mafat Lal, B. N. Nadkarni and S. Parthsharthi are Directors of the said Company. Petitioner No. 8 R. S. Kankarwal is Area Manager, Bani Park, Jaipur. The complaint was filed against the petitioners and other four dealers at Sirohi and petitioner No. 1 M/s Rallis India Ltd., Bombay.

(3.) Since the learned counsel for the petitioners has raised a legal point, it is not necessary to narrate the facts of the case. The learned counsel for the petitioners has contended that the petitioners Nos. 2 to 8 were not incharge of or responsible to the company for the conduct of the business of the company and therefore they are not liable to be prosecuted against for the offence committed by the company. It is further contended that the alleged offence was committed without their knowledge also. It is not also averred in the complaint that the alleged offence was committed with the consent or connivance of petitioners Nos. 2 to 8 nor it is attributable to any neglect on their part. Therefore, the complaint is not maintainable against the petitioners in view of the provision of section 33 of the Act. The learned Public Prosecutor submitted that the petitioners are Chairman, Vice Chairman, Directors and Area Manager respectively and therefore they are incharge of the affairs of the company and must be treated as directly responsible for the conduct of the business of the company. According to him, the petitioners should be deemed to be incharge and responsible for the business of the company by virtue of the designation and post held by them.