AVID PHARMACEUTICALS PVT. LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ]This judgment will dispose of Criminal Misc. No. 8584-M of 1992.

(2.) PETITION has been filed under Section 482, Cr.P.C. for quashing the complaint, Annexure P-1 and the consequent proceedings pending in the Court of Chief Judicial Magistrate, Faridkot under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 read with Insecticides Rules, 1971.

(3.) PRESENT complaint, Annexure P-1 has been filed against the petitioners in respect of aforesaid offences for quashing the complaint on the ground that before launching prosecution, it was necessary to obtain legal sanction from the State Government under Section 31 of the Insecticides Act, 1968 (for short the Act). According to the petitioner, no valid sanction has been granted for prosecution of the petitioner. The Sanctioning Authority did not apply its mind before granting sanction to launch prosecution and gave the sanction on a cyclostyled proforma. No details of the facts regarding the same being misbranded were given. Even the name of the petitioner against whom complaint has been filed, has not been mentioned in the sanction. It has further been alleged that in the entire complaint, there is neither any allegation nor any material to show that petitioners No. 2 and 3 were charged or responsible to the Company at the relevant time.