Delhi District Court
Sandhya Organic Chemical (P) Ltd & Anr vs Plant Protection Officer/ Licensing ... on 14 January, 2013
IN THE COURT OF SH. VIRENDER KUMAR GOYAL
ADDL SESSIONS JUDGE: FAST TRACK COURT
ROHINI:DELHI
Criminal Revision No 98/12
Unique case ID No. 02404R0105912012
1. Sandhya Organic Chemical (P) Ltd & Anr.
Through its Director
Plot no. 808/A/2, III Floor, G.I.D.C.
Distt. Vapi, Gujarat.
2. M/s Parag Seeds Corporation (Regd.)
Through its Proprietor,
Sh. Rajeev Kumar,
59, Indra Market, Old Subzi Mandi,
Delhi110007.
Revisionists/Accused.
Versus
Plant Protection Officer/ Licensing Officer
Through
D.R. Pal
Insecticide Officer,
Govt. of N.C.T. Of Delhi
11th Floor MSO Building, IP Estate
New Delhi110002
Respondent/Complainant
Date of institution of the case: 09/11/2012
Arguments heard on: 11/01/2013
Date of Decision: 14/01/2013
ORDER
This is criminal revision petition filed under section 397/399 of Cr.PC for setting aside the impugned summoning order dated 24.01.2011 passed by Ld. Trial Court.
CR No.98/12 1/7
In brief, a complaint was filed by respondent against three of the accused persons and after recording evidence, accused all were summoned vide impugned order dated 24/01/11. The said order was earlier challenged by accused no.2 and 3. Same was dismissed vide order dated 20/07/12 of this Court on the ground that revision is not maintainable against the summoning order. Both revisionist challenged the order and vide its order dated 12/02/2012, The Hon'ble High Court has directed to dispose of the revision petition on merits.
The impugned order has been challenged on various grounds. It is contended that impugned order of summoning is against the law and facts on record, the same is arbitrary and no cogent reason has been given to summon the accused persons. It is further contended that both the revisionist i.e. accused no.2 and 3 were having proper and valid licences to carry other their respective business in the insecticides registered by Govt. of India. It is further contented that consent/sanction is defective u/s 31(1) R/w sec.33 of Insecticides Act, 1968. It is further contended that there is material irregularity and illegality in the impugned summoning order as the same has been passed after about six years without application of judicial mind. It is further contended that from the material placed on record, nothing has been brought on record that both the revisionists have committed an offence u/s 29(1)(b) and 29(1)(C) of Insecticides Act, 1968.
In brief, according to complaint, filed u/s 200 of Cr.Pc for offence u/s 29 1(b) and 29(1) (c), read with rule 35 of Insecticides Act, 1968, an information was received that fire hazard took place in a Godown of M/s Jaipur Golden Transport Company (P) Ltd, Roshanara Road, Delhi. The CR No.98/12 2/7 complainant deputed Sh Horam Singh and Sh Rajbir Singh, Inspector North West, to visit at site to conduct the inspection. During the inspection, zinc phosphide and Aluminum Phosphide were found allegedly manufactured by accused No.2 M/s Sandhya Organic Chemical (P) Ltd. Alumium Phosphide was found in tin tubes without having any detail of its Batch no., date of manufacturing, date of expiry and manufacturing licence no. except the name of manufacturer.
Accused No. 1 M/s Jaipur Golden Transport Company (P) Ltd was not having any licence to transport the insecticides and aluminum phosphide has already been banned by Govt. Of India from its general use.
It is further alleged in the complaint that at the time of inspection of the site, copies of invoice and challans were supplied to the inspecting authority, according to which consignment was book by accused no.2 M/s Sandhya Organic Chemical (P) Ltd about 880 kg pesticides to hand over the same to accused no.3 i.e. M/s Parag Seeds Corporation.
It is further mentioned that aluminum phosphide insecticides was found without invoice, Bill or Challan in the premises of accused no.1 but its packing shows and confirms that the same was manufactured and booked by M/s Sandhya Organic Chemicals Pvt Ltd for M/s Parag Seeds Corporation. M/s Parag Seeds Corporation was also not having any licence to purchase, manufacture or stock the insecticide manufactured by M/s Sandhya Organic Chemicals P Ltd.
It is further mentioned that after completion of inquiry, clarification was asked vide notice dated 20/04/04 and reply was received vide letter dated 24/04/2004, 13/05/2004 and 26/04/2004, which was not CR No.98/12 3/7 found satisfactory and was silent about the manufacturing, sale, purchase, transportation and storage of the above mentioned insecticides/pesticides.
It is further mentioned that accused no.1 Jaipur Golden Transport Company Pvt. Ltd has submitted his reply that M/s Sandhya Organic Chemical Pvt. Ltd might have sent aluminum Phosphide under the declaration of Zinc Phosphide. Again one more opportunity was given vide notice dated 02/08/2004 to reply notice dated 20/04/2004 but again the replies were not found satisfactory. Again notice was given dated 15/09/2004 to accused no.1 and its reply dated 21/09/2004 was repetitive of earlier repllied and it was also not found satisfactory. Another notice dated 22/09/04, was issued to accused no.2 but no reply was received , so the complaint was filed against accused persons.
After recording the statements of CW!, CW2 and CW3, Ld Trial Court summoned the accused persons for the offences as alleged.
I have heard Ld Counsel for revisionist no.1 and 2 and Ld Counsel for respondent and have gone through the TCR.
In the complaint, it is prayed that the accused persons be punished for the offences of sale, purchase, stocks and transportation of insecticides/pesticides, for which they have no licence to do the same and which is offence under section 29 (1) (b) (c) and Rules 35 of the Insecticides Act, 1968 Act.
According to documents placed on record, Ex. CW2/2, Zinc phosphide in the quantity of 880 kg was sent by Sandhya Organic Chemical P. Ltd to M/s Parag Seeds Corporation through Jaipur Golden Transport Company. In this respect, revisionists Sandhya Organic Pvt. Ltd has placed CR No.98/12 4/7 licence Ex.CW2/2, on record, according to which they are having licence to manufacture Aluminum Phosphide and Zinc phosphide.
According to CW2/4, revisionist no.2 M/s Parag Seeds Corporation is also having licence to sell, stock or exhibit, for sale or distribute by retail insecticide for sale, which includes the insecticides/pesticides manufactured by Sandhya Organic Pvt. Ltd, so at the relevant time, both revisionists were having valid licence during the year 2004 and incident of fire had happened at the godwon of M/s Jaipur Golden Transport Company on 04/04/2004.
During the inspection of the place of fire, Inspector Horam Singh found Zinc phosphide polypacks, Batch no. 1(p) 56, MFG dated March 2004, expiry date February 2006. He also found Aluminum phosphide no Batch no, manufacturing batch, expiry date, in the tin, mentioning Ms Sandhya Organic Chemicals (P) Ltd. No documents has been placed on record that the tin were belonging to Sandhya Organic Chemicals Ltd nor any document has been placed on record to show that this quantity of aluminum phosphide was booked by M/s Sandhya Organic Chemicals Pvt. Ltd for M/s Parag Seeds corporation through M/s Jaipur Golden Transport Company.
In the notice given to all the three accused persons i.e. M/s Jaipur Golden Transport Company, M/s Sandhya Organic Chemicals Ltd and M/s Parag Seeds Corporation, none of them has replied that said aluminum Phosphide tins were booked by M/s Sandhya Organic Chemicals Ltd through Jaipur Golden Transport Company for M/s Parag Seeds Corporation Ltd. in the letter CW2/6, it has been mentioned on behalf of Jaipur Golden CR No.98/12 5/7 Transport Company that it was presumed and suspected that M/s Sandhya Organic Chemicals Pvt. Ltd might have sent aluminum phosphide with the declaration of Zinc phosphide. There is no material on record to substantiate the same because due to fire it is not known how much quantity of Zinc Phosphide was left in the godown of M/s Jaipur Golden Transport company and how much quantity of Aluminum phosphide was in the tin.
According to inspection report Ex. CW2/1, it is not made clear as to how much quantity of aluminum phosphide and/or of Zinc phosphide was seized and how much was destroyed in the fire, so in absence of details of quantity seized, it cannot be said that aluminum phosphide was dispatched by M/s Sandhya Organic Chemical Ltd through Jaipur Golden Transport company to M/s Parag Seed Corporation under the declaration of zinc phosphide. It has not been verified, in any manner, as to whether, the tin of aluminum having name of manufacturer Sandhya Organic Chemicals Pvt. Ltd was manufactured at its any of the factory, so mere on assumptions and presumptions, both the revisionists could not have been summoned by Ld Trial Corut. There is no material on record that the said aluminum phosphide tins were sold by Ms/ Sandhya Organic Pvt. Ltd to M/s Parag Seeds Corporation , in any manner.
Simply that M/s Jaipur Golden Transport Company has not been able to explain about the presence of aluminum phosphide tin in their godown having the names of Sandhya Organic Chemicals Pvt. Ltd as manufacturer, does not mean that same was sent or was belonging to revisionist no.1 or was sold to revisionist no.2. In reply of the notice, it has not surfaced as to who had sent consignment of aluminum phosphide, so it CR No.98/12 6/7 cannot be presumed that M/s Sandhya Organic Chemicals Pvt. Ltd had sent the consignment of aluminum phosphide under the declaration of zinc phosphide.
The order of Ld Trial Court, in this respect is improper and illegal. Even in the complaint, it has been presumed that aluminum phosphide was belonging to M/s Sandhya Organic Chemical Pvt Ltd, so on the basis of presumption and surmises, revisionists both could not have been summoned as the accused persons as prima facie offence u/s 29 (1) (b) and (c) are not made out against them. Accordingly, the said order dated 24/01/2011 against both the revisionists is set aside.
The revision petition is disposed.
TCR be sent back with the copy of the order.
Revision file be consigned to record room.
Announced in Open Court on (Virender Kumar Goyal)
dated 14th of January, 2013 Additional Sessions Judge
Fast Track Court /Rohini : Delhi
CR No.98/12 7/7
CR No.98/12 8/7