- (1.) This is a petition under the provisions of section 482 Cr.P.C. for quashing of a complaint (Annexure P1) under the Insecticides Act, 1968 (for short, "the Act") read with Insecticides Rules, 1971 (for short, "the Rules") and summoning order dated 12.6.2000 (Annexure P2) and all subsequent proceedings, has been brought by the petitioner, Sanjay Aggarwal.
(2.) M/s Jai Shree Rasayan Udyog Ltd. Azadpur, Delhi is manufacturing pesticides and insecticides. On 5.5.1999, Insecticide Inspector took sample of an insecticide sold under trade name "Butachlor 50% EC, Jolt brand from the premises of a dealer of the same, namely, M/s Vimal and Company, Ludhiana. The said sample was found misbranded on analysis. After following the due procedure under the Act, complaint was filed under sections 3(k)(i), 17, 18, 29 and 33 of the Act read with rule 27(5) of the Rules against M/s Jai Shree Rasayan Udyog Ltd. Azadpur, Delhi as accused No. 5 and the petitioner as individual director of the said Company.
(3.) Learned counsel for the petitioner has submitted that for launching prosecution under the Act, sanction of the State government or a person authorized in this behalf by the State government is required under section 31 of the Act. According to him, the sanction is a sine qua non to the institution of a prosecution for an offence under this Act. He has submitted that Annexure P4 is the sanction granted in this case under section 31(1) of the Act. He has further submitted that this sanction is invalid. According to him, besides granting the sanction against M/s Vimal & Company through Vimal Bansal, sanction has been granted for instituting proceedings under the Act against M/s Jai Shree Rasayan Udyog Ltd. through Sanjay Aggarwal, director and Pardeep Chaudhary, production manager. He has submitted that under this sanction, prosecution cannot be launched against the individual director i.e., Sanjay Aggarwal, the petitioner. According to him, therefore, the prosecution was not properly initiated and the complaint against the petitioner is liable to be quashed.;