J.P.Somaiya, Company Secretary vs Charan Singh Bhullar, Insecticide Inspector

H.S. Brar, J.

The petitioner has prayed for quashing the entire prosecution and the process issued by the learned Chief Judicial Magistrate, Ferozepur, mainly on the ground that the consent/sanction which is sine qua non under Section 31 of the Insecticides Act, 1968 (hereinafter referred to as the Act) to prosecute the petitioner has not been taken. According to the learned counsel for the petitioner there is no mention in the consent/sanction, Annexure P3 regarding the prosecution of either the petitioner or the company Messrs Gharda Chemicals Private Limited. He, thus wants this Court to quash the proceedings before the learned Chief Judicial Magistrate, Ferozepur.

SubSection (1) of Section 31 of the Act clearly mandates that no prosecution for an offence under this Act shall be instituted except by, or with the written consent, of, the State Government or a person authorised in this behalf by the state Government. Written consent/sanction under Section 31 (1) of the Act has been annexed as Annexure P3 with the petition. A reading of consent/sanction, Annexure P3 reveals that the consent/sanction, is in respect of prosecution against Kishori Lal Maya and Sons, Fazilka (including all partners and M/s National Organic Chemicals Pvt. Ltd., Bombay) and not against Messrs Gharda Chemicals Pvt. Ltd. or the petitioner. Apparently, the mandatory provision as contained in section 31 (1) of the Act has not been complied with by the respondents as no written consent/sanction of the State Government or a person authorised in this behalf by the State Government has been taken in order to prosecute the petitioner or Messrs Gharda Chemicals Pvt. Ltd. The leaned Assistant Advocate General has not been able to show me that sanction as provided under section 31 (1) of the Act to prosecute the petitioner was taken.

In this view of the matter, this petition is accepted and the summoning order as well as he proceedings before the Chief Judicial Magistrate, Ferozepur, are quashed. However, it is made clear that the respondents can prosecute the petitioner after taking valid consent according to law, if so advised.