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Senthil Agro Products, rep by its Manager, S. Sivamurugan v/s S. Renuka Devi Agriculture Officer/ Insecticides Inspector, K. Paramathi, Karur


Company & Directors' Information:- INSECTICIDES (INDIA) LIMITED [Active] CIN = L65991DL1996PLC083909

Company & Directors' Information:- G H AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15143PB1996PTC018159

Company & Directors' Information:- S A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2013PTC195653

Company & Directors' Information:- B. D. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400WB2009PTC136319

Company & Directors' Information:- D A P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2011PTC157956

Company & Directors' Information:- B. K. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U70101WB1990PTC049682

Company & Directors' Information:- S V M A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15142TZ2003PTC010834

Company & Directors' Information:- K E AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314KL2002PTC015782

Company & Directors' Information:- AGRO (INDIA) PRODUCTS PRIVATE LIMITED [Active] CIN = U01500DL2013PTC250521

Company & Directors' Information:- W B AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400KA2014PTC073123

Company & Directors' Information:- D M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066893

Company & Directors' Information:- D N AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314UR2005PTC032824

Company & Directors' Information:- N K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PB2010PTC034534

Company & Directors' Information:- INDIA AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01300TZ1991PTC003161

Company & Directors' Information:- S B R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01120TN2008PTC070170

Company & Directors' Information:- B S AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U29246WB1995PTC073119

Company & Directors' Information:- S C P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400WB2010PTC154344

Company & Directors' Information:- B B AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01111WB1999PTC089962

Company & Directors' Information:- B. R. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MP2020PTC052151

Company & Directors' Information:- J. M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01122UP2007PTC032828

Company & Directors' Information:- P M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01100MP2010PTC023037

Company & Directors' Information:- Q-MANAGER PRODUCTS PRIVATE LIMITED [Active] CIN = U74300DL2006PTC154567

Company & Directors' Information:- M. C. AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74990WB2009PTC135219

Company & Directors' Information:- P G AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403WB2009PTC139377

Company & Directors' Information:- L. M. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15139DL2010PTC207504

Company & Directors' Information:- C K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403AP2016PTC098332

Company & Directors' Information:- R J AGRO PRODUCTS INDIA PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC036080

Company & Directors' Information:- J P AGRO AND AGRICULTURE PRIVATE LIMITED [Active] CIN = U01100DL2020PTC369157

Company & Directors' Information:- AGRO PRODUCTS PVT LTD [Strike Off] CIN = U01131OR1983PTC001188

Company & Directors' Information:- R L R AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403TG2012PTC082514

Company & Directors' Information:- R P V AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01300TZ1997PTC008071

Company & Directors' Information:- A V S AGRO-PRODUCTS COMPANY LIMITED [Dissolved] CIN = U74899DL1995PLC070790

Company & Directors' Information:- M R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400MH2012PTC226708

Company & Directors' Information:- RENUKA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U45200PN2012PTC144271

Company & Directors' Information:- B. U. AGRO-PRODUCTS PRIVATE LIMITED [Active] CIN = U01100GJ2018PTC101009

    Crl.O.P. (MD) No. 2724 of 2016 & 2816 of 2016

    Decided On, 28 March 2016

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE P.N. PRAKASH

    For the Petitioner: K. Angayarkanni, Advocate. For the Respondent: D. Muruganandam, Additional Government Pleader.



Judgment Text

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in S.T.C.No.3350 of 2015 on the file of the learned Judicial Magistrate No.II, Karur and quash the same in so far as the Petitioners are concerned.)

1. This petition has been filedto call for the records in S.T.C.No.3350 of 2015 on the file of the learned Judicial Magistrate No.II, Karur and quash the same in so far as the Petitioners are concerned.

2. Heard the learned counsel for the petitioners and the learned Additional Government Pleader for the respondent.

3. On 24.02.2015, the Agriculture Officer visited Senthil Agro Products Distributor/Dealer, No.1/5049/1, Rosalpatti, Virudhunagar (A3/1st petitioner herein) and took samples of certain insecticides in terms of Section 22(5) of the Insecticides Act, 1968 (in short 'the Act, 1968), which, when analyzed, were found to be misbranded and was of substandard quality. The Assistant Director of Agriculture, Paramathi issued a show cause notice dated 20.03.2015 to the manufacturer/1st accused & petitioners herein. Since they have not given their explanation, a complaint has been lodged against four persons, including the petitioners herein for offences under Sections 3(k)(1) and 29(1)(a) of the Act, 1968.

4. Learned counsel for the petitioners submitted that Senthil Agro Products is a proprietorship concern and that the proprietor has not been made as accused and therefore, the prosecution should be quashed.

5. On reading of the complaint, it is seen that samples were lifted from Senthil Agro Products and after they were analyzed, a show cause notice dated 20.03.2015 by the Assistant Director of Agriculture was issued to Senthil Agro Products and they did not reply. Therefore, the complainant could not have known the constitution of Senthil Agro Products. In the complaint, one S.Sivamurugan, Manager has been made as the 4th accused and it is stated that he is representing Senthil Agro Products, which has been arrayed as 3rd accused. The petitioner has stated in the petition that one Mrs.Rajam is the proprietrix of 3rd accused and therefore, now it is open to the Trial Court to issue process to Mrs.Rajam under Section 204 Cr.P.C. or under Section 319 Cr.P.C. during trial.

6. Learned counsel for the petitioners further submitted that the Agriculture Officer had not followed the procedures adumbrated under Section 22 of the Act, 1968 before taking samples.

7. In the considered opinion of this Court, these are disputed questions of fact, which can be determined only during trial.

8. Learned counsel for the petitioners also submitted that a copy of the test report was not furnished to the accused as required under Section 24(2) of the Act, 1968 and therefore, the valuable right of the petitioners to have the samples re-tested has been denied to the accused.

9. It is seen that along with the show cause notice dated 20.03.2015, a copy of the tes

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t report has been sent to the Senthil Agro Products and they have not elected for re-testing the same as required under Section 24(3) of the Act, 1968. 10. In the result, this Criminal Original Petition is devoid of merits and the same is accordingly dismissed. Consequently, connected miscellaneous petitions are closed.
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