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PUNJAB & HARYANA HIGH COURT
Adarsh Kumar Goel, J.
Padam Bansal
Versus
State Of Haryana
Criminal Revision No. 1371 of 2002,
Decided On : JULY 15, 2005
Insecticides Act, 1968 - Sanction - Proceedings set aside
Fact of the Case:
The petitioner argued that the case could not proceed against him as no sanction under Section 31 of the Insecticides Act, 1968 had been taken. The State accepted that no sanction had been taken and was unable to justify the proceedings in absence of sanction.
Finding of the Court:
The court allowed the petition and set aside the charges against the petitioner.
Issues: Sanction under Section 31 of the Insecticides Act, 1968
Ratio Decidendi: The court found that in the absence of sanction under Section 31 of the Insecticides Act, 1968, the proceedings could not proceed against the petitioner.
Final Decision: The petition was allowed and charges against the petitioner were set aside.
Adarsh Kumar Goel, J.
1. Learned counsel for the petitioner submits that no sanction under Section 31 of the Insecticides Act, 1968 having been taken, case could not proceed against the petitioner. Learned counsel for the State accepts that no sanction had been taken. He is unable to justify the proceedings in absence of sanction. Accordingly this petition is allowed and charges against the petitioner are set aside.
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