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2021 (8) TMI 1402 - SC - Indian LawsFailure to follow procedure contemplated under Section 24(4) of the Act and Section 202 of the Code of Criminal Procedure - Magistrate has taken cognizance without conducting inquiry and ordering investigation - sample of insecticides was misbranded as the same was found to contain 10.09% of active ingredient only as against 15%, as labelled on the packet - HELD THAT:- Section 33 of the Act deals with 'offences by companies'. A reading of Section 33(1) of the Act, makes it clear that whenever an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, or was responsible to the company for the conduct of the business of, the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. In the case on hand, it is not in dispute that on behalf of the 1st Appellant - Company, 2nd Appellant - Managing Director has furnished an undertaking dated 22.01.2013, indicating that Shri Madhukar R. Gite, Manager of the Company, has been nominated in the resolution passed by the Company on 28.12.2012 to be in charge of and responsible to the said Company, to maintain the quality of the pesticides manufactured by the said Company and he was authorized to exercise all such powers and to take all such steps, as may be necessary or expedient to prevent the commission of any offence under the Act. Filing of such undertaking with the Respondent is not disputed. Further, from the averments in the counter affidavit filed on behalf of Respondents 1 & 2 and other material placed on record, no case is made out to quash the proceedings at this stage, by accepting the plea of the Appellants that the procedure contemplated Under Section 24(4) of the Act and Section 202 of the Code of Criminal Procedure, is not followed. With regard to the procedure Under Section 24(4) of the Act, after the 1st Appellant - Company has deposited necessary Demand Draft for sending 2nd sample to the Central Insecticide Testing Laboratory, steps were taken promptly and report was also sent by the Central Insecticide Testing Laboratory within the prescribed period of 30 days. The Code of Criminal Procedure itself provides for exemption from examination of such witnesses, when the complaint is filed by a public servant. In the present case, 2nd Respondent/Public Servant, in exercise of powers under provisions of the Insecticides Act, 1968, has filed complaint, enclosing several documents including reports of the Government Laboratories, it is always open for the Magistrate to issue process on such complaint which is supported by documents. In any event, there are no merit in the submissions of the learned Counsel that proceedings are to be quashed only on the ground that, the Magistrate has taken cognizance without conducting inquiry and ordering investigation. In absence of showing any prejudice caused to the Appellant at this stage, the same is no ground to quash the proceedings in exercise of power Under Section 482 of the Code of Criminal Procedure. This Criminal Appeal is partly allowed, so far as the Appellant No. 2 - Managing Director is concerned and the impugned Order of the High Court dated 12.05.2020, passed by the High Court of Punjab & Haryana at Chandigarh in CRM-M-12082-2016 (O & M), is set aside. Consequently, Complaint No. 313 dated 19.08.2015, filed by the 2nd Respondent - Quality Control Inspector, Bhikhiwind District Tarn Taran, Punjab, pending before the learned Judicial Magistrate First Class, Patti stands quashed qua the Appellant No. 2 namely Mr. Pramod N. Karlekar/Accused No. 4.
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