Case Note & Summary
The petitioners, accused Nos. 2 and 3 in R.C.C. No. 479/2015 pending before the Chief Judicial Magistrate, Parbhani, filed a criminal writ petition under Article 227 of the Constitution read with Section 482 CrPC seeking quashing of the proceedings. The complaint was filed by the Insecticide Inspector under the Insecticides Act, 1968 for offences punishable under sections 3(k)(i), 17(1)(a), 18(1)(c) and 18(2) of the Act. The petitioners were the Zonal Sales Manager and Deputy Manager (Quality Control) of M/s. Indofil Industries Ltd., the manufacturing company. The Insecticide Inspector had visited the shop of accused No. 1 (a dealer) on 27.5.2014 and collected samples of insecticide. The sample was sent for analysis and was found to be misbranded. The petitioners raised two main grounds for quashing: (1) the manufacturing company was not made an accused, and (2) the shelf life of the sample had expired, depriving them of their right to get the sample tested from a third laboratory under Section 24(3) of the Act. The court analyzed the provisions of the Insecticides Act, particularly Section 33 which deals with offences by companies. It held that the company is a necessary party and without it, the prosecution against its officers cannot proceed. Additionally, the court noted that the sample's shelf life had expired, and the accused's right to have the sample tested by the Central Insecticides Laboratory was frustrated. Relying on precedents, the court quashed the proceedings against the petitioners.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Non-Joinder of Company - Where the manufacturing company is not arraigned as an accused, the prosecution against its officers (Zonal Sales Manager and Deputy Manager) is not maintainable as the company is a necessary party for offences under the Insecticides Act, 1968. Held that the officers cannot be held vicariously liable without the company being on record (Paras 5-6). B) Insecticides Act, 1968 - Right to Get Sample Tested - Sections 24, 24(3) - Expiry of Shelf Life - The accused have a statutory right under Section 24(3) to have the sample tested by the Central Insecticides Laboratory. If the shelf life of the sample expires before such testing, the prosecution is prejudiced and the proceedings are liable to be quashed. Held that the expiry of shelf life deprives the accused of a valuable right, rendering the trial unfair (Paras 7-9).
Issue of Consideration
Whether criminal proceedings against accused Nos. 2 and 3 (Zonal Sales Manager and Deputy Manager) under the Insecticides Act, 1968 can be quashed when the manufacturing company is not made an accused and the shelf life of the sample has expired, depriving the accused of their right to get the sample tested from a third laboratory.
Final Decision
The petition is allowed. The proceeding of R.C.C. No. 479/2015 pending in the Court of learned Chief Judicial Magistrate, Parbhani is quashed and set aside insofar as it relates to the petitioners (accused Nos. 2 and 3).
Law Points
- Non-joinder of necessary party
- expiry of shelf life of sample
- right to get sample tested
- vicarious liability under Insecticides Act
