Delhi District Court
P.P.O vs . Saini Fertilizers on 8 January, 2008
IN THE COURT OF SH. PRASHANT KUMAR MM ROHINI COURTS, DELHI.
Case No.142/02
U/S 200 Cr.P.C
(29 (1) (a) of Insecticides Act,
P.P.O Vs. Saini Fertilizers
JUDGMENT.
1. Sl. no. of the case 142/02
2. Offence complained of
or proved U/S 200 Cr.P.C
(29 (1) (a) of Insecticides Act,
3. Date of Offence 03.05.01
4. Name of the complainant Project Officer (IADP)
N.C T Delhi Through Rajbir
Singh, Insecticide Inspector
11th Floor, MSO Bldg, I.P
Estate, New Delhi.
5. Name of the accused 1. Sh. Devender Kr Saini, Proprietor
of M/s Saini Fertilizer
2. Sh. Ved Parkash Singhal,
Chairman of M/s Delhi Processing
Marketing Co-op Society Ltd.
3. Shri Sanjay Kumar Mittal
Quality Control Officer
C/o Northern Minerals Ltd
Daulatabad Road, Gurgaon(Haryana)
6. Plea of the accused Pleaded not guilty.
7. Final order Convicted
8. Date of Order 08.01.08
Brief reasons for decision:
Story of the case in brief is as under :
that on 03.05.01, Inspector Rajbir Singh of Insecticide, a notified Inspector lifted a sample by purchasing Fenvalerate 0.4% DP Mfg, 5/2000, bearing Batch No. DTD 85 Manufacturing Date May 2000, Expire dated April 2002, manufactured by M/s. Northern Minerals and the same was found misbranded after its analysis and thereby accused Devender Kumar Saini being Prop of m/s. Saini Fertilizer, Ved Parkash Singhal being Chairman of M/s. Delhi processing & Marketing Co-op, Society Ltd. and Sanjay Kumar Mittal being the Quality Control Officer in M/s. Northern Minerals ltd. have committed an offence punishable u/s 29 (1) (a) of the Insecticides Act, 1968. Thus complaint case u/s 200 Cr.P.C and (29) (1) (a) of Insecticides Act was filed against the accused persons.
2. Arguments on notice heard. It was found that prima facie material was available against the accused persons. Hence, notice under section 251 Cr.P.C for offence plunishable u/s 29 (1) (a) of the Insecticides Act, 1968 was was framed against the accused persons to which they pleaded not guilty and claimed trial. Matter is at the stage of post charge evidence. However, at the stage of complainant evidence, the accused voluntarily states that they wants to admit their liability towards the offence committed by them. Record is perused again. As per the directions and guidelines, so given u/s 313 Cr.P.C r/w Section 281 Cr.P.C all the accusations and incriminating evidence is explained to the accused persons. They voluntarily admits their liability. Statement of accused persons is recorded vide separate order sheet. Admission of guilt by the accused persons is voluntarily without any force. In these circumstances, I am of the opinion that there is no need to led any evidence against the accused persons. Hence, complainant evidence is closed at this stage. Thus, the statements of accused persons, so recorded are considered accordingly. In these circumstances final judgment is pronounced against the accused persons and in the light of material available and the voluntarily statements of accused, accused persons are convicted u/s 29 (1) (a) of the Insecticides Act, 1968.
3. Arguments on sentence heard simultaneously. Record is perused thoroughly. As the accused persons has admitted their liability voluntarily a lenient view is taken against them and all the three accused persons are sentenced to pay a fine of Rs. 12,000/- each and in default of payment of fine they shall undergo SI for a period of one month each. Fine paid. Surety for accused persons stand discharged. Documents, if any, be returned. Endorsement, if any, be cancelled. File be consigned to the record room.
Announced in open court (Prashant Kumar) Dated 08.01.08 MM/Rohini/Delhi Case No.142/02 U/S 200 Cr.P.C (29 (1) (a) of Insecticides Act, P.P.O Vs. Saini Fertilizer 08.01.08 Present: AR for complainant with counsel. All accused present in person. Matter is at the stage of PCE. At this stage, accused
voluntarily pleaded guilt for the offence, so committed by them. Statement of accused persons u/s 313 Cr.P.C r/w Section 281 Cr.P.C recorded separately. In view of the facts and circumstances and voluntarily plea of guilt by the accused persons, accused are convicted for offence punishable u/s 29 (1) (a) of the Insecticides Act, 1968 and sentenced to pay a fine of Rs. 12000/- each and in default of payment of fine they shall undergo SI for a period of one month each. Fine paid. File be consigned to the record room.
(Prashant Kumar) MM/Delhi/08.01.08