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MANJARI NEHRU KAUL
Uday Raj Anand – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. filing and details of the complaint (Para 1 , 2 , 3 , 4) |
| 2. petitioners argue unsustainability of the complaint (Para 5) |
| 3. state counters petitioners' claims (Para 6) |
| 4. court's observations about the application of the act and liability under the examination of evidence. (Para 7) |
| 5. issue of liability under the act (Para 8 , 9) |
| 6. lack of specific allegations against petitioners (Para 10 , 13) |
| 7. supreme court's principles regarding liability (Para 11 , 12) |
| 8. petitioners' prosecution quashed (Para 14) |
JUDGMENT :
Manjari Nehru Kaul, J.
1. The present petition has been filed under Section 482 of Cr.P.C. seeking quashing of complaint dated 27.02.2023 (Annexure P-1) filed under Sections 3(k)(i), 17, 18 & 33 of the INSECTICIDES ACT , 1968 (hereafter referred to as the Act) and Rule 10(4) of the INSECTICIDES RULES , 1971, punishable under Section 29 of the Act; and the summoning order dated 27.02.2023 (Annexure P-2) passed by learned Chief Judicial Magistrate, Mansa.
2. The allegations as set out in the complaint, may be summarized as follows:
Retailers cannot be held liable under the Insecticides Act for misbranding unless they have knowledge or direct involvement; liability requires specific allegations linking the accused to the offense....
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.
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.
The main legal point established in the judgment is that the period of limitation for filing a complaint under the Insecticides Act commences from the date of receipt of the analyst's report, and the....
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