SHASHANK BHARGAVA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of Criminal Misc. Petitions bearing Crl. Misc. No. 38378 -M of 2001 and Crl. Misc. No. 38381 -M of 2001, which have been filed by the same petitioners for quashing of two different complaints filed against them under Sections 3K(1), 17, 18, 29 and 33 of the Insecticides Act, 1968 read with Rule 27(5) of the Insecticide Rules, 1971 by the Insecticide Inspector (respondent No. 2 herein) pertaining to two different samples taken.

(2.) IN both these petitions, common question of law is involved. For the purpose of convenience, the facts are being taken from Crl. Misc. No. 38378 -M of 2001.

(3.) FOR launching prosecution for the above offence against the dealer as well as the manufacturing company, under the Insecticides Act, 1968 (hereinafter referred to as -˜the Insecticides Act), the Insecticides Inspector sought sanction from the concerned authority. The Joint Director, Agriculture, which was the competent authority to grant sanction under the Act granted sanction for prosecuting the dealer as well as the manufacturing company vide sanctioned letter dated 7.6.1998 (Annexure P -1). By this letter sanction was granted to prosecute the dealer i.e. M/s. Goyal Sales Corporation, Bathinda and the manufacturing company i.e. M/s. Unikill Pesticides Private Limited through its responsible persons Shri Shashank Bhargava, Managing Director (petitioner No. 1) and Shri Parkash Dange, Chemist (petitioner No. 2). Subsequently, a complaint was filed by the Insecticide Inspector on 21.9.1998, copy of which has been annexed as Annexure P -2. In the complaint, M/s. Goyal Sales Corporation has been arrayed as accused No. 1 and M/s. Unikill Pesticide Private Limited through its responsible persons Shri Shashank Bhargava (Managing Director) and Shri Parkash Dange (Chemist) have been arrayed as accused No. 2. In the said complaint, both the petitioners have been summoned.