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1990 Supreme(AP) 34

N.D.PATNAIK
Tropical Agro System Pvt Limited – Appellant
Versus
State of Andbra Pradesh – Respondent


N. D. PATNAIK, J.

( 1 ) THIS petition is filed under Section 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 the 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 respinsible as there is ro specific allegation against them. That contention is based on Section 33 of the Act. Sub-section (1) of section 33 of the Act provides that whenever an offence under this Act has been committed by a company, every person who at the time the offence was committed was incharge 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




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