V.K.JHANJI,J - (1.) THIS will dispose of Criminal Misc. No. 17119-M of 1993, 'V.K. Pahwa v. State of punjab'.
(2.) THIS petition have been filed under Section 482, Criminal Procedure Code, read with Article 227 of the Constitution of India for quashing complaint under Sections 3K(i), 17, 18,29 and 33 of the Insecticide Act, 1968, read with Rule 7(5) of the Insecticide Rules, 1971, pending in the court of Chief Judicial Magistrate, Ferozepur. The brief facts for the disposal of this petition are that on 26-1-1992, Agricultural Inspector visited the shop of M/s Sandhu Chemical Store, Zira, and took sample of 2,4-D Ethyl Cater 34% EC bearing batch No. 101 having manufacturing date 10/91 and expiry date 9/93. After taking sample, the same was sent to the State Insecticide Laboratory, Ludhiana, and the sample was found misbranded as it did not conform to the ISI specifications, with respect to its per cent active ingredients contents. The active ingredients contents in the sample were 31.08% instead of 34%. On this account, the same was declared misbranded, resulting into filing of a complaint against the petitioner as well as against the dealer and the distributor. Petitioner has alleged that before launching prosecution, it was necessary to obtain legal sanction from the State Government under Section 31 of the Insecticide Act, 1968 (in short, the Act). According to the petitioner, no valid sanction has been granted for prosecution of the petitioner. The Sanctioning Authority did not apply its mind before granting sanction to launch prosecution and gave the sanction on a cyclo-styled proforma. No details of the facts regarding the same being misbranded were given. Even the name of the petitioner against whom complaint has been filed, has not been mentioned in the sanction.
(3.) IN the return filed by the respondents, it has been stated that the sanction granted by the Sanctioning Authority was proper and legal and it was accorded after perusal of the relevant record. Petitioner is the Divisional Manager of M/s Tropical Agro System Private Limited, Madras, a registered manufacturer. Though the name of the Divisional Manager was not mentioned in the sanction order, but nevertheless he was liable and the sanction was proper.;