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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Hemang Manhar Gandhi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
1. This common order shall decide all the abovementioned petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') [now Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS')] seeking quashing of Complaint No.56/56-2 dated 27.01.2010 titled as 'State through Sh. Resham Singh, Insecticide Inspector, Ferozepur Vs. M/s Harish Traders and others' and the summoning order dated 27.01.2010 passed by learned Chief Judicial Magistrate, Ferozepur against the petitioner(s) under Sections 3(k)(i), 17, 18 & 33 punishable under Section 29 of the Insecticides Act, 1968 (for short 'the Act').
2. The aforementioned petitions arise out of similar factual matrix, therefore, for the sake of brevity, the facts are taken from CRM-M 38779-2011.
3. Succinctly, the facts of the case are that the Insecticide Inspector visited M/s Harish Traders on 28.06.2007 and took the sample of Cartap Hydrochloride 4% G manufactured by M/s Coromandel Agrico. Pvt. Ltd., Sikandrabad (U.P.) bearing Batch No.0704023, manufacturing date: April 2007, expiry date: March 2009, weighing 05 kg per packing. Three samples of 250 grams each were
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.
Distributors and dealers cannot be held liable for misbranding if the insecticide was received and sold in its original sealed condition.
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.
(1) Though, Managing Director is overall incharge of affairs of company, whether such officer is to be prosecuted or not, depends on facts and circumstances of each case and relevant provisions of la....
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....
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