Karnataka High Court
Managing Director Bayer Crop Science ... vs The State Of Karnataka on 14 March, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:5279
CRL.P No. 101291 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
CRIMINAL PETITION NO. 101291 OF 2023 (482)
BETWEEN:
1. MANAGING DIRECTOR
BAYER CROP SCIENCE LTD
(MR DURAISWAMI NARAIN)
HIRANANDANI ESTATE BAYER
HOUSE CENTRAL AVENUE
THANE (WEST), MAHARASHTRA 4600607
...PETITIONER
(BY SRI. KINI NAGPRASAD SURESH., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH INSPECTOR OF
INSECTICIDE AND ASSISTANT DIRECTOR
OF AGRICULTURE
ENFORCEMENT FORCE -2
Digitally OFFICE OF THE JOINT DIRECTOR
signed by
KIRAN BAGALKOT 587103.
KUMAR R REPRESENTED BY
Location: STATE PUBLIC PROSECUTOR
HIGH
COURT OF HIGH COURT OF KARNATAKA
KARNATAKA
DHARWAD 580008.
...RESPONDENT
(BY SRI. ASHOK.T.KATTIMANI, AGA)
THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C
SEEKING TO CALL FOR RECORDS OF THE CASE REGISTERED
AS C.C.No.2052/2022 BEFORE THE CIVIL JUDGE AND JMFC,
BANAHATTI FOR THE OFFENCE UNDER SECTION 18(1)(c) OF
THE INSECTICIDE ACT, 1968 READ WITH RULE 20 OF THE
INSECTICIDE RULES 1971 AND UPON PERUSAL OF THE SAME,
BE INTER-ALIA AND QUASH THE SAID COMPLAINT
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NC: 2024:KHC-D:5279
CRL.P No. 101291 of 2023
REGISTERED AS C.C.No.2052/2022 BEFORE THE CIVIL JUDGE
AND JMFC, BANAHATTI FOR THE OFFENCE UNDER SECTION
18(1) (c) OF THE INSECTICIDE RULES 1971 AGAINST THE
PETITIONER AND ALL PROCEEDINGS AND ORDERS IN
RELATION TO THE SAID COMPLAINT.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. In Crl.P.100377/2024 disposed of on 13.02.2024, the proceedings insofar it related to accused Nos.1 and 2 were quashed on the ground that the Company had not been arrayed as accused as required under Section 29(1) of Insecticide Act, 1968.
2. In view of the above, the proceedings insofar as remaining accused i.e., the present petitioner is also quashed. Criminal Petition is accordingly allowed.
Sd/-
JUDGE PKS List No.: 19 Sl No.: 6