PREM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has moved this application under Section 482 Cr.P.C. for quashing complaint under Section 3K(i), 17, 18, 29 and 33 of Insecticides Act, 1968, read with Rule 27(5) of the Insecticides Rules, 1971 and consequent proceedings taken thereon.

(2.) IT is an admitted fact that complaint was filed against Sanjiv Kumar and Company through the petitioner and M/s. Arr Cee Crop Care Insecticides Pvt. Ltd., New Delhi, who was manufacturer of the insecticide in dispute. Said manufacturer filed Cr. Misc. No. 33281-M of 2000 in this Court, which, along with many other petitions, was decided by this Court vide a common judgment dated February 1, 2002, in Cr. Misc. No. 41917-M of 2001 and complaint was ordered to be quashed qua the manufacturer. In that case, it was in dispute as to whether sanction to prosecute under Section 31(1) of the Insecticides Act was rightly granted or not ? This Court came to a conclusion that against the proprietor of the firm, in individual capacity, no sanction had been granted to prosecute, as such, complaint was not justified and the same was quashed. Counsel for the petitioner states that ratio of judgment, referred to above, squarely covers controversy in this case. Shri Sidhu has failed to rebut contention of counsel for the petitioner. In view of facts stated above, this application is allowed in terms of judgment dated February 1, 2002, in Cr. Misc. No. 41917-M of 2001 and impugned complaint qua the petitioner and subsequent proceedings are ordered to be quashed. Application allowed.