M.M.AGGARWAL,J - (1.) THIS is a petition for quashing of complaint and summoning order as against the present petitioner.
(2.) THE facts of the case are that a sample of insecticide i.e. Monocrotophas 36% (SL) had been drawn by the Insecticide Inspector from the premises of M/s. Khera Presticides on 28.9.2000. This insecticide had been manufactured by M/s. Moti Lal Pesticides (India) Pvt. Ltd. When it was found to be misbranded, then complaint for offence under Sections 3K(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 and Rules, 1971 was filed by the Insecticide Inspector against M/s. Khera Presticides (dealer) and Manufacturer M/s. Moti Lal Pesticides (India) Pvt. Ltd., through Vishnu Parkash Goel, Director and Raj Kumar Gupta, Chemist. Raj Kumar Gupta of the Manufacturer is stated to be facing trial, whereas present petition for quashing had been filed by Vishnu Parkash Goel, Director on the ground that he was no longer a Director on the date the sample had been drawn and also that the company had already nominated Raj Kumar Gupta as officer incharge responsible for the conduct of the business of the company under Section 33 of the Insecticides Act, 1968.
(3.) COPY Annexure P-7 shows that the present petitioner had already left the service of the Company on attaining the age of superannuation on 31.3.1998. He had even been paid gratuity etc. on his retirement from the Company.;