M.S. MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of this order, I shall dispose of aforesaid petitions as identical questions of law and facts are involved, for adjudication. For the sake of convenience, the facts are being taken from CRM -M -13054 -2013.

(2.) COUNSEL for the petitioner contends that Union of India (respondent) through its authorised representative filed complaint under Section 29 of the Insecticides Act, 1968 for violation of Section 3(k) and 17 of the Act against M/s. Crystal Phosphates Ltd. (hereinafter referred to as 'Company'), Sh. Arvind Kumar Tyagi its Director and the petitioner, another Director of the Company. The learned trial Court has summoned the accused to face trial for the aforesaid offences.

(3.) MR . Ajay Kaushik, Advocate representing Union of India has fairly conceded that in the order passed by the Director, Agriculture, Haryana to sanction prosecution against the company and Sh. Arvind Kumar Tyagi, there is no reference to the present petitioner. However, it is submitted that as sanction to prosecute the company was granted on 21.09.2012 (Annexure P3), the petitioner being one of the directors of the company can be prosecuted for the offence committed by the company in view of the provisions of Section 33 of the Act.