K. JAYACHANDRA REDDY, J.

( 1 ) THIS is an appeal by the State against the judgment of the learned Additional Sessions Judge, Anantapur in Criminal Appeal 124 of 1979 acquitting the two respondents herein who were convicted by the trial court under S. 29 (1) (a) read with S. 33 read with S. 3 (k) (i) of the Insecticides Act, and sentenced to pay a fine of Rs. 500. 00 each; in default of payment of fine to suffer simple imprisonment for three months.

( 2 ) THE facts of the case are as follows : Before the trial court the two respondents herein (A-3 and A-4) and other two persons (A-1 and A-2) were tried for the aforesaid offences. A-1 was the Sales Agent of Insecticides and A-2 was the Distributor of pesticides manufactured by M/s. Travancore Chemical and Manufacturing Company Limited, Alwaye-4, Kerala State, of which the respondents herein (A-3 and A-4) are the Managing Directors. The Insecticides Inspector visited the shop of A-1 and found that A-1 had no licence for selling pesticides. At that time A-1 was present in the shop transacting business. The Inspector P. W. 1, took samples as per Form No. 12, weighing 450 grams of Fytolan on paying its price of Rs. 73-40, and obtained rec

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