K.N. DWIVEDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER K.N. Dwivedi, Branch Manager of M/s. Crop Care Pvt. Ltd., New Delhi has sought the quashing of a criminal complaint under Section 3(k)(i) 17, 18 and 33 of the Insecticide Act, 1968 (for short 'the Act') read with Rule 27(5) of the Insecticide Rules, 1971 (for short 'the Rules'), summoning order dated 6.1.1992 (Annexure P-2) and all the consequential proceedings arising therefrom inter alia on the ground that no sanction has been obtained against the petitioner.

(2.) LEARNED State counsel has relied upon the sanction order under Section 3(1) of the Act (Annexure R-2). A perusal of the sanction order Annexure R-2 indicates that no sanction under Section 31(1) of the Act has been obtained to prosecute the petitioner K.N. Dwivedi, Branch Manager of M/s. Crop Care Pvt. Ltd. Sanction under Section 31(1) of the Act is sine qua non for proceeding against an accused for having committed an offence under Section 29 of the Act.

(3.) IN view of the patent violation of Section 24(4) of the Act, the proceedings against the petitioner will be nothing but an abuse of the process of the Court. In view of the above circumstances, this petition is allowed, complaint dated 6.1.1992 (Annexure P-1) and all the subsequent proceedings arising therefrom against the petitioner K.N. Dwivedi only, who is an accused in the complaint case, are hereby quashed. This will not, in any manner, affect the proceedings qua the other persons facing trial. Petition allowed.