M.M.S.BEDI,J - (1.) PETITIONER K.N. Dwivedi, Branch Manager of M/s. Crop Care Pvt. Ltd., New Delhi has sought the quashing of a criminal complaint under Section 3(k)(i) 17, 18 and 33 of the Insecticide Act, 1968 (for short 'the Act') read with Rule 27(5) of the Insecticide Rules, 1971 (for short 'the Rules'), summoning order dated 6.1.1992 (Annexure P-2) and all the consequential proceedings arising therefrom inter alia on the ground that no sanction has been obtained against the petitioner.
(2.) LEARNED State counsel has relied upon the sanction order under Section 3(1) of the Act (Annexure R-2). A perusal of the sanction order Annexure R-2 indicates that no sanction under Section 31(1) of the Act has been obtained to prosecute the petitioner K.N. Dwivedi, Branch Manager of M/s. Crop Care Pvt. Ltd. Sanction under Section 31(1) of the Act is sine qua non for proceeding against an accused for having committed an offence under Section 29 of the Act. There is another ground for quashing proceedings against the petitioner, who is alleged to be the Branch Manager of the company. The sample in the present case was drawn on 25.8.1990. The date of manufacture of the insecticide was July, 1990. The expiry date was December, 1991. The complaint in the present case was filed on 6.1.1992. So far as the report of the State Insecticide Laboratory, Ludhiana is concerned, it is an admitted fact that it was never sent to the manufacturing company by the Chief Agriculture Officer. In this context, it is admitted by the respondents that the copy of the analysis report was supplied to the dealer but no copy was supplied either to the petitioner or to the manufacturing company by the Chief Agriculture Officer. The shelf life of the insecticide had expired at the time of filing of the complaint and a valuable right under Section 24(4) of the Act stands clearly infringed.
(3.) IN view of the patent violation of Section 24(4) of the Act, the proceedings against the petitioner will be nothing but an abuse of the process of the Court. In view of the above circumstances, this petition is allowed, complaint dated 6.1.1992 (Annexure P-1) and all the subsequent proceedings arising therefrom against the petitioner K.N. Dwivedi only, who is an accused in the complaint case, are hereby quashed. This will not, in any manner, affect the proceedings qua the other persons facing trial. Petition allowed.;