AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure,1973 seeking quashing of the impugned complaint under Insecticide Act, 1968 (for short the Act') read with Insecticide Rules, 1971 (Annexure P1) and summoning order dated 26.11.1999 (Annexure P2) alongwith all consequential proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the impugned complaint and the summoning order were totally contrary to the provisions of law. Petitioner could not be summoned to face the trial in his individual capacity. Learned counsel has further submitted that no specific and individual sanction of the petitioner had been obtained from the appropriate authority as required under Section 31 of the Act. In support of his arguments, learned counsel has placed reliance on Sant Lal Surekha vs. State of Punjab, 2009 4 RCR(Cri) 981 wherein it was held as under:-

(3.) Learned State counsel, on the other hand, has opposed the petition.