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2020 Supreme(Ker) 1035

M.R.ANITHA
Gangandharan Nair – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Shaijan C. George and Sajitha George, Advs.
For the Respondents: Addl. Director General of Prosecution and C.K. Suresh, PP

ORDER :

M.R. Anitha, J.

1. This criminal miscellaneous case has been filed under Section 482 Cr.P.C. to quash Charge-sheet in C.C. No. 1471/2017 of the Judicial First Class Magistrate Court-I, Kasargode.

2. Petitioner's case in short is as follows:

    Petitioner was a worker of the Plantation Corporation of Kerala Ltd. (in short PCK Ltd.) and engaged in spraying Endosulphan pesticide mainly used for the control of Tea Mosquitoes. Petitioner retired from employment in the year 2014. According to the petitioner, the use of the pesticide was under the directions of the concerned authorities and no health hazards actually reported by the use of the pesticide. But much cornered propagation picturising the adverse effects of the use of the pesticide Endosulphan have created very impacts in the news media. On the basis of the same and the statements of some prominent personalities social conscience turned against the use of Endosulphan.

3. Though the petitioner had been working in the plantation with direct physical contact with pesticide Endosulphan he never had any problem due to the said contact. Ultimately the Hon'ble Supreme Court in W.P.(C) No. 213/2011 directed the State Government to fo

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