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2021 Supreme(Mad) 2643

N.SATHISH KUMAR
Bio-Stadt India Ltd. , Represented by its Sales Unit Lead V. Jegatheesan – Appellant
Versus
State of Tamil Nadu by Agriculture Officer, Namakkal (The present Agriculture Officer V. Malarkodi) – Respondent


Advocates Appeared:
For the Petitioner:M. Purusothaman, Advocate.
For the Respondents:R. Kishore Kumar, Government Advocate (Crl.side).

JUDGMENT

(Common Prayer: Criminal Original Petitions filed under Section 482 of Cr.P.C. to call for the records relating to the proceedings in S.T.C.No.653 of 2016 on the file of the learned Judicial Magistrate, Paramathi and quash the same as devoid of merits as against the petitioners.)

1. This application has been filed to quash the proceedings in S.T.C.No.653 of 2016 pending on the file of the Judicial Magistrate Court, Paramathi.

2. It is case of the prosecution that on 03.12.2015, the Agricultural Officer lifted the samples of insecticide known as “Curacron” (Profenofos) from the shop of Sri Murugan Farmers Association, Kabilarmalai and divided them into three parts. Out of the three parts, one sample was handed over to the owner of the shop, second sample was sent to the Court and third sample was sent to the Insecticide Analyst. The report of the Analyst was received on 15.12.2015 stating that the sample referred to in the report is of misbranded quality resulting in the issuance of a show-cause notice dated 23.12.2015 to the petitioner herein calling for explanation. The respondent, not being satisfied with the reply submitted by the petitioner, filed a private complaint befo

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