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MANJARI NEHRU KAUL
Uday Raj Anand – Appellant
Versus
State of Punjab – Respondent
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....
Delay in prosecution unjustly denies manufacturers the right to evidence, leading to quashing of complaints against directors lacking direct involvement in misbranding offenses.
Period of limitation shall commence on date of offence and allowing proceedings to go on, on such complaint, which is ex facie barred by limitation is nothing but amounts to abuse of process of law.
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