Northern Mineral Ltd vs Union Of India & Anr

2. Brief facts giving rise to the present appeal are that the appellant company is a Private Limited Company registered under the Companies Act, 1956 and inter alia engaged in the manufacturing of insecticides including Monocrotophos 36 SL. On 10th September, 1993, the Insecticide Inspector drew sample of Monocrotophos 36 SL from the shop of the appellant's dealer, M/s. Jindal Traders respondent no. 2 herein. The aforesaid insecticide, sample of which was collected by the Insecticide Inspector, was manufactured by the appellant company in September, 1992. The sample so collected was sent for analysis to the Regional Pesticides Testing Laboratory, Chandigarh who submitted its report dated 13th October, 1993 stating that the sample was misbranded as it did not conform to the relevant ISI specifications. The Show Cause Notice dated 1st November, 1993 was issued to the appellant and it was informed about the report of the Regional Pesticides Laboratory which according to the appellant was received on 3rd November, 1993. The appellant replied to the notice by its letter dated 17th November, 1993 inter alia expressing its "intention of 3 adducing evidence in controversion of report". It also alleged that the report of the Regional Pesticides Testing Laboratory is of no consequence. After the Joint Director, Agriculture, gave its consent for prosecution of the appellant company and respondent No. 2 on 23rd February, 1994 the Insecticide Inspector filed the complaint in the Court of Chief Judicial Magistrate, Patiala on 16th March, 1994 alleging commission of offence under Section 29 of the Insecticides Act. Shelf-life of the insecticide expired in February, 1994. The appellant company and Respondent No.2 herein i.e. M/s. Jindal Traders were arrayed as accused in the said complaint. Appellant filed application for discharge under Section 245 of the Criminal Procedure Code. But the learned Magistrate by Order dated 13th November, 1999 dismissed the same, inter alia observing as follows :

3. Aggrieved by the aforesaid order, the appellant preferred Criminal Revision No. 170 of 2000 before the High Court of Punjab and Haryana. Revision application preferred by the appellant was heard alongwith Criminal Revision Petition No. 106 of 2000 preferred by another accused in a different case. The High Court by Order dated 5th November, 2001 dismissed the Revision Application preferred by the appellant. While doing so, the High Court observed as follows:

4. From the facts stated above, it is evident that the complaint was filed on 16th March, 1994 whereas shelf life of insecticide expired in February, 1994. The appellant had given its intention to adduce evidence in controversion of the report to Insecticides Inspector but had not specifically prayed for analysis of the sample by the Central Insecticides Laboratory.

15. In the result, the appeal is allowed, the impugned judgments of the High Court as also that of the Chief Judicial 20 Magistrate refusing to discharge the appellant are set aside and the appellant is discharged of its criminal liability.

........................................J. ( HARJIT SINGH BEDI ) ........................................J. ( C.K. PRASAD ) New Delhi, July 7, 2010.