S.N. CHEMICAL INDUSTRIES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under section 482 of the Code of Criminal Procedure (in short 'the Code') read with Article 227 of the Constitution of India for quashing the complaint dated 6th November, 1992 (copy of which is Annexure P.1/1).

(2.) BRIEFLY stated the facts of the case are that the State through Insecticide Inspector, Jhabhal, District Amritsar filed a complaint against the five accused, and accused Nos. 2, 3, 4 and 5 in the complaint are petitioners 1, 2, 3 and 4 respectively in this case. The said complaint was filed under Section 3(k)(1), 13, 17, 18 and 22 of the Insecticide Act, 1968 (in short 'the Act') and rule 10 of the Insecticide Rules and under Section 420 of the Indian Penal Code.

(3.) THE learned counsel further drew my attention to the sanction (copy of which is annexure P.3/1) and submitted that the competent authority had accorded sanction to prosecute only petitioner No. 1 namely M/s S.N. Chemical Industries and no sanction was accorded for prosecuting petitioners 2, 3 and 4. He, therefore, contends that the complaint is not maintainable against petitioners 2, 3 and 4. In support of this contention he placed reliance on judgment of this Court in the case of M/s United Presticides and another (supra).