Mukhtiar Singh and Others vs State of Punjab

R.L. Anand, J.—By this order 1 dispose of Crl. Misc. No. 15798-M-94 titled Mukhtiar Singh etc. v. State of Punjab and Crl. Misc. No. 12935-M-94, titled J.S. Sidhu and another v. State of Punjab as common question of law and fact is involved in both these cases and the facts are being taken from Crl. Misc. No. 15798.-M-94.

I have heard the learned counsel for the parties and with their assistance have gone through the record of the case.

The learned counsel appearing on behalf of the petitioners have invited my attention to the sanction dated 7.5.1992 (Annexure P-2). The reading of the same would show that sanction was granted against M/s. Sharma Fertilizer and Pesticides, Mudki (Dealer), M/s Mukhtiar Singh Jaskaran Singh. Faridkot (Distributor) and M/s Punjab Salt Peter Refinery Ltd., Industrial Estate, Ferozepore City (manufacturer), No specific sanction has been given against S/Shri Mukhtiar Singh, Major Singh and Sukhpal Singh, petitioners, against whom a complaint under the Insecticides Act was filed. The learned counsel for the petitioners rightly submitted that in a case of criminal liability, the sanction should be against every individual and not against a firm which is not a legal entity in the eyes of law. The firm is only a group of persons who run the show. The criminal liability has to fall upon the shoulders of the partners against whom a specific sanction is required to be given by the authority u/s 31 of the Insecticides Act.

In support of his submissions the learned counsel for the petitioners relies upon various judgments reported as 2002(1) RCR (Cri) 512, M/s. Hindustan Pulverising Mills v. State of Pun jab, 2002( I) RCR (Cri) 461 M/s Hindustan Pulverising Mills v. State of Punjab besides 1999(2) RCR (Cri) 764 Jayant Navlakha v. State of Punjab.

The consistent ratio of the above authorities require that sanction is mandatory to be obtained against those persons against whom the criminal prosecution has to be launched. In the present case, there is no sanction individually against any of the petitioners. Sanction Annexure P-2 is a bad sanction on the basis of which the criminal prosecution cannot be launched.

Resultantly. Crl. Misc. No. 15798-M-94 titled Mukhtiar Singh etc. v. State of Punjab and Crl. Misc. No. 12935-M-94 titled J.S. Sidhu and another v. State of Punjab, are allowed and the complaints and the incidental proceedings of both the cases pending in the Court of Judicial Magistrates are hereby quashed and the Magistrates are directed to discharge the accused of both the complaints.