JUDGMENT

Dalveer Bhandari, J. —

1. Leave granted.

2. This appeal has been filed by the appellant State of National Capital Territory of Delhi against the judgment of the High Court of Delhi dated 2.1.2008 in Criminal Miscellaneous Case No. 2639 of 2006 whereby the High Court has quashed the summons issued by the trial court.

3. The appellant submitted that the Company had specifically stated in its letter dated 19.1.2000 that respondent Rajiv Khurana was the Regional Technical Director handling the quality control in the company. The relevant portion of the said letter is reproduced as under:

“We shall be happy to cooperate with you in all such quality issues about our Mortem product range. Our quality control is handled by Mr. Rajeev Khurana, Regional Technical Director.”

4. It is submitted that section 33 of the Insecticides Act, 1968 provides that:

“33.Offences by companies.-(1)Whenever an offence under this Act has been committed by a company, every person who at the time of the offence was committed was in charge 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 the offence and shall be