U.S. MADAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application filed by the petitioner to quash the proceedings against him pending in the Court of Chief Judicial Magistrate, Amritsar in criminal case No. 122/2 of 1991 for the offences under sections 3(k)(1), 17, 18, 29 and 33 of the Insecticides Act, 1968 and the rules framed thereunder and also under Section 420 I.P.C. and the Essential Commodities Act.

(2.) According to the petitioner, he is the only Chief Marketing Executive of M/s Artee Minerals and he left the service of the said Company on 31.5.1990 and he has been working in some other Company since then. At the time when the Chief Judicial Magistrate took cognizance of the offence on 30.5.1991, he was no more in the service of M/s Artee Minerals. It is further averred that no sanction has been granted by the competent authority to prosecute him. Therefore, the criminal proceedings against him are liable to be quashed.

(3.) It is pertinent to note that out of the same proceedings in criminal case No. 122/2 of 1991, a criminal misc. petition No. 9454-M of 1993 was filed by M/s Artee Minerals and also by one Surinder Arun Sinha, who was stated to be an employee of Artee Minerals. That petition came up before his Lordship Mr. Justice V.S. Aggarwal. By his judgment dated 6.3.1997, His Lordship quashed the proceedings against the petitioners namely Artee Minerals and Surinder Arun Sinha, who was stated to be the employee of that Company. In the caurse of his judgment, His Lordship observed :-