HANUMAN SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT revision is against the order dated 13.8.1996 passed by the Court of Sub Divisional Judicial Magistrate, Samaria, who dismissed the application of the present petitioner for discharge holding that the same was not tenable. However, it was observed by the trial Court that the petitioner was not precluded from filing such application at the relevant stage of the case.

(2.) ADMITTEDLY , M/s Agro Chemical, which is carrying on its business.at Jaipur, was the manufacturer of adulterated insecticides. A reference to the complaint filed by the State shows that M/s Agro Chemical was not made a party. Father Shri Hanuman Sharma, Marketing Manager of M/s Agro Chemicals, has been arrayed as respondent No.4 (accused).

(3.) THE submission of the learned counsel for the petitioner is that no sanction as envisaged under Section 21 of the Insecticides Act, 1968 has been obtained by the complainant against this respondent. The sanction related to M/s Agro Chemicals and in these circumstances the complaint could not proceed against the present petitioner Shri Hanuman Sharma.