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DEEPAK GUPTA
Sunil Sethy – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
By way of this petition filed under Section 482 CrPC, petitioner prays for quashing of complaint N: 280-I dated 13.08.2008 (Annexure P1) under sections 3(k)(i), 17, 18 and 33 of the Insecticides Act, 1968 [for short ‘the Act’] punishable under Section 29 of the Act read with Rule 27(5) of the Insecticides Rules, 1971 [for short ‘the Rules’]; order dated 13.08.2008 (Annexure P2) passed by ld. Chief Judicial Magistrate, Ferozepur and order dated 07.10.2013 (Annexure P7) along with all consequential proceedings arising therefrom.
2. (i) Contention of ld. counsel for the petitioner is that insecticide in question, the sample of which was drawn, was manufactured by M/s Agrimas Chemicals Ltd., whereas sample was drawn from the dealer M/s Sant Lal Tara Chand, Guruharshai, District Ferozepur. M/s Chambal Fertilizers and Chemicals Ltd., New Delhi had only marketed the insecticides in question, as is evident from the complaint (Annexure P1).
(ii) Ld. counsel contends that said marketing firm i.e., M/s Chambal Fertilizers and Chemicals Ltd. Was duly represented by Sh. V.K. Fotedar, who was nominated to be responsible for the conduct of the business. Besides, Rajnish Ku
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.
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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