VELURI SIVARAMA SASTRY AND SON Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Crl.R.C. No. 290 of 1980 is filed by A-1, A-2, A-3, A-4, A-S and A-7 in C.C. No. 335 of 1978, on the file of the Second Additional Munsif-Magistrate, Guntur. They were convicted for contravention of section 3 (k) (i) read with section 29 (1) (a) of the Insecticides Act, 1968 (hereinafter called the Act), and each was sentenced to pay a fine of Rs. 400.

(2.) Crl.R.C. No. 291 of 1980, is filed by A-8 to A-16 in the same case. They were similarly convicted. Since both these, revisions are filed against a common judgment, I am also disposing them by a common order.

(3.) A-1 is a firm. A-2, A-7 are its partners. A-6 died during the pendency of the case in the trial Court. A-8 is a firm. A-9 is its managing partner, and A-10 to A-16 are its partners. A-8 firm, manufactures and distributes insecticides to A-l firm which is a dealer in insecticides at Guntur. On 4th November, 1977, the inspector of Insecticides, Guntur (P.W. 1) inspected A-1's shop when A-5 was present and found insecticides exposed for sale. He took samples of D.D.T. 10% dust and Endosulphan 4% dust. One sample was sent to the Insecticides Analyst at Hyderabad. He gave a report stating that Endosulphan was misbranded as the active ingredients present was 3.2% as against the guaranteed 4%. He found the D. D. T. sample within normal limits. At the time of taking the samples, the Insecticides Inspector had also seized the Invoice (Exhibit P-11) and the Way bill (Exhibit P-12) produced by A-5. They show that A-1's firm purchased the insecticides, in question from A-8's firm.