Hindustan Pulverising Mills v. State Of Haryana .

T.H.B Chalapathi, J. (Oral):— This revision petition is filed to direct the Judicial Magistrate 1st Class, Jagadhri to allow Mohinder Singh Chauhan, Senior Supervisor Production Incharge to represent the company M/s Hindustan Pulversing Mills, Delhi which is an accused in Criminal Complaint No. 1392 of 1993 for an offence under Section 29 of the Insecticides Act, 1968. The Sub-Divisional Agriculture Officer, Jagadhri filed a complaint against three accused, namely, M/s Hindustan Pulversing Mills, Azadpur, Delhi, Shri D.V Devrani Chief Chemist of M/s Hindustan Pulversing Mills, and Mr. Khushbinder Pal, Proprietor of M/s Yaspal Pesticides, Jagadhri.

2. According to the petitioner, the company, namely, accused No. 1 deputed Mohinder Singh Chauhan, Senior Supervisor Production Incharge as an authorised person to appear on behalf of the company M/s Hindustan Pulversing Mills, Delhi but the learned Magistrate has not taken the application filed by the company through Mohinder Singh Chauhan. Therefore, the company filed the above revision petition to give a direction to the Judicial Magistrate Ist Class, Jagadhri to allow the Company, the first accused, to be represented by Mohinder Singh Chauhan.

3. Under Section 33 of the Insecticides Act, 1968, whenever an offence is committed by a company every person who at the time of committing offence was incharge of that company or was responsible to the company for the conduct of the business of, the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Under sub-clause (2) of Section 305 of the Criminal Procedure Code, where a Corporation is the accused person or one of the accused person in an inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the Corporation.

4. Thus the company can be represented by its authorised representative. According to the petitioner, Mohinder Singh Chauhan is the person incharge of the production and he is also authorised person to appear on behalf of the company, namely, M/s Hindustan Pulverising Mills, Delhi. Therefore, I direct the petitioner to file an application before the learned Magistrate to allow the company to be represented by Mohinder Singh Chauhan and if such an application is filed, the learned Magistrate shall consider that application and pass an appropriate order in the light of the provisions contained in Section 33 of the Insecticides Act and also under Section 305 of the Code of Criminal Procedure. The petition is accordingly disposed of.