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VINOD S. BHARDWAJ
Rallis India Limited – Appellant
Versus
State Of Punjab Thro Insecticide Inspector – Respondent
JUDGMENT
Vinod S. Bhardwaj, J. - The question which arises for consideration in the instant petition is as to whether a marketing agency/licensed dealer can be held responsible under the Insecticides Act, 1968, for the contents of the samples when it is not disputed that the seal of the sample was intact at the time of sampling ?
2. The present petition has been filed under section 482 CrPC seeking quashing of criminal complaint No.18 of 11.07.2016 (Annexure P-1) titled as 'State Versus M/s Goyal Sales Corporation and Others' pending in the Court of Judicial Magistrate First Class, Sri Muktsar Sahib for offences under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 read with Section 27(5) of the Insecticides Rules, 1971 as well as the subsequent proceedings including the order of summoning dated 11.07.2016 (Annexure P-2).
FACTS:
3. Complaint No.18 dated 11.07.2016 titled as 'State Versus M/s Goyal Sales Corporation and Others was filed by the State against various persons, who were claimed to be the dealer, supplier, distributor and manufacturer under the provisions of the Insecticides Act, 1968. The petitioners in the instant petition happen to be accused No.5 and 6
A marketing firm cannot be held responsible for misbranding under the Insecticides Act, 1968, when the samples were drawn from sealed containers and the firm was not involved in the manufacturing pro....
Dealers cannot be held responsible for misbranding under the Insecticides Act when the samples were drawn from sealed containers and there was no evidence of tampering.
The main legal point established in the judgment is that a marketing firm cannot be held responsible for the misbranding of insecticides when the sample was drawn from a sealed container manufactured....
Distributors and dealers cannot be held liable for misbranding if the insecticide was received and sold in its original sealed condition.
A retailer or marketing firm is not liable for misbranding if the insecticide was sold in sealed packaging and there is no evidence of their knowledge regarding the misbranding.
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