JAYANT NAVLAKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is seeking the quashment of complaint No. 518-3 dated 24.11.1992 (Annexure P9) filed in the court of Sub Divisional Judicial Magistrate, Abohar, summoning order Annexure P10 dated 24.11.1992, order dated 7.12.1993 whereby the petitioner No. 1 has been added after accused No. 3 (Annexure P11) and the order dated 21.9.1998 (Annexure P13) vide which the application moved by petitioner No. 1 for dropping of proceedings was declined by the trial court, on the ground that sanction was not obtained by the Prosecution against them under Section 31 of the Insecticides Act, 1968.

(2.) THE criminal complaint under Sections 3(k)(i), 17, 18 and 29 read with Section 33 of the Insecticides Act was filed by the State of Punjab against M/s Omega Agro Pvt. Ltd., 716 International Trade Tower, Nehru Place, New Delhi (manufacturer). The prosecution did not obtain the mandatory sanction under section 31 of the Insecticides Act against Jayant Navlakha son of Jay Chandra Navlakha, petitioner No. 1 and in these circumstances the learned Magistrate could not take cognizance against them. Reliance in this respect can be placed on K.G. Papu and anr. v. State of Punjab, 1996(1) Recent Criminal Reports 795 and Vinod Goyal v. State of Punjab, 1996(2) Recent C.R. 336. This aspect of the case has even been conceded by the respondents in their reply. In this view of the matter, the petition is partly allowed and the complaint and all incidental proceedings vis-a-vis Jayant Navlakha son of Jay Chandra Navlakha, petitioner No. 1 stand quashed and he stands discharged from the list of the accused. Petition partly allowed.