R.P.SAXENA
HINDUSTAN CIBA GEIGY LTD. – Appellant
Versus
STATE OF RAJASTHAN – Respondent
R. P. SAXENA, J.
( 1 ) THESE petitions filed under Section 482, Cr. P. C. raise a common point of law and, as such, those are being decided by this common judgment.
( 2 ) IT will be conductive to detail out skeletal facts of each case. A. FACTS OF HINDUSTHAN CIBA GEIGY S CASE : (I) Petitioner No. 1 is a Public Limited Company, registered under the Companies Act. The petitioner No. 2 Mr. M. R. Lal was formerly working as Secretary of the Company, while petitioner No. 3 Mr. Ravi Bhatnagar is working as its Regional Manager. It is alleged that petitioner No. 4 Munq Hansar was working as Managing Director of the said Company till April, 1989 and that now he is abroad. Respondent No. 3-M/s. Shreeram Pesticides is the dealer of the petitioner Company at Hanumangarh, while respondent No. 4 is a partner of the dealer Company. (II) It appears that on 20-8-1990, Shri Murari Lal Sharma, Insecticides Inspector, Hanumangarh, took a sample of Insecticide Fencron (Fenavalerate 20% EC) of Batch No. 32, having date of manufacture September, 1989 and date of expiry 31-8-1991; for analysis from the shop of M/s. Shreeram Pesticides, Hanumangarh. The sealed sample thereof was sent to the Centr
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