SALIL SINGHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) SALIL Singhal, Managing Director, Singhal Pesticides, Agra and M. L. Sachdeva, Area Manager, Singhal Pesticides. Agra have moved this criminal miscellaneous under Section 482 Cr. P. C. for quashing of the complaint, Annexure P 1, pending in the Court of the Chief Judicial Magistrate, Karnal under Section 29 of the Insecticide Act, 1968.

(2.) THE impugned complaint was instituted against M/s Bhagwati Trading Co. and others on the allegations that on 22-7-1987, B. S. Tyagi, Assistant Plant Protection Officer Karnal, exercising powers of Insecticides Inspector, took a. sample of Butachlore 50 EC from the premises of the Company accused-1. The sample was divided into 3 portions and after sealing one of the samples was handed, over to Bir Bhan proprietor of the Company. On analysis, it was found that the sample was misbranded as the technical contents were only 40.26% against the required contents of 50%. A copy of the analysis report and a show cause notice were sent to the accused-1. The petitioners and the firm whom they represented, were impleaded as accused, on the ground that they had manufactured the misbranded insecticides.

(3.) ANNEXURE P 3 the sanction order shows that no sanction for presecutionh against M. L. Sachdeva had been accorded. Sanction under Section 31(1) of the Act is a prerequisite for launching prosecution under the Act.