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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
syngenta india ltd. – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the Criminal Complaint No.67 of 2014, dated 23.07.2014 (Annexure P-1) registered under Section 29 read with Sections 3(k)(i), 17, 18, 29 and 33 of Insecticides Act, 1968 titled as 'State through Insecticides Inspector Versus M/s Jagjit Singh & sons and others', the summoning order dated 13.01.2015 (Annexure P-2) passed by the Sub Divisional Judicial Magistrate, Patti, District Tarn Taran and all subsequent proceedings arising therefrom qua the petitioners only.2. The brief facts of the case are that one Paramjit Kaur was the sole proprietor of M/s Jagjit Singh & Sons and held a valid license to sell, stock or exhibit for sale or distribution of insecticides issued by the competent authorities vide license no T-98/P-141/08/TT dated 01.01.2012 which was periodically renewed. The complainant/Insecticide Inspector (Patti) in his official capacity inspected the premises/shop of Paramjit Kaur i.e. M/s Jagjit Singh & Sons along with Shri Jasbir Singh Gill, Agricultural Development Officer, Block Patti and Shri Rajinder Kumar, Agricultural Sub Inspector on 04.12.2012. The stock wa
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.
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....
Delay in filing a complaint under the Insecticides Act beyond the statutory period of limitation can result in misuse of the process of law and prejudice the defense of the accused, leading to the qu....
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....
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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