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1990 (2) TMI 313

n S. 482 of the Code of Criminal Procedure to quash the proceedings against the petitioners who are accused in C.C. No. 19 of 1989 on the file of the V Additional Munsif Magistrate, Guntur. The case was filed against them under the Insecticides Act 46 of 1968 (hereinafter referred to as the Act) alleging that they have misbranded some pesticides. A-1 and A-2 are the dealer and distributor respectively. A-3 and A-4 are Directors of the Manufacturing Company. A-5 is the Chemist of the Manufacturing Company. 2. The learned counsel for the petitioners did not press the petition as regards A-1 and A-2. 3. The learned counsel for the petitioners contended that A-3 to A-5 cannot be held responsible as there is no specific allegation against them. .....

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1.63% as against 2% W/W. The Chemist of the Manufacturing Company is arrayed as an accused. Section 29 of the Act says that whoever imports, manufactures, sells, stocks, or exhibits for sale or distributes, any insecticide is punishable. Therefore the manufacture of the insecticide does not conform to the necessary standard is also an offence. The Chemist is also made an accused because under his supervision the manufacturing process goes on. The contention of the learned counsel for the petitioners is that there is no allegation in the complaint regarding the part played by the Chemist. But sub-section (2) of Section 33 of the Act says that if it is proved that the offence has been committed with the consent or connivance of or attributabl .....

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er Section 33 of the Act." The learned Judge further observed : "If in the course of trial it is found by the Court below that any other person is liable to be proceeded against, the Court can at any stage try any person along with the accused and proceed against such person for the offence which he appears to have committed." Obviously the learned Judge was considering the question whether the Chemist can be said to be a person in-charge of the business of the company under sub-section (1) of Section 33 of the Act. But the further question whether he can be made liable under sub-section (2) of Section 33 of the Act on the ground that the offence was committed with the consent or connivance of or attributable to neglect on hi .....

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