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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
FMC India Private Limited – Appellant
Versus
State of Haryana through Quality Control Inspector – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. The instant petition has been filed by the petitioners under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking quashing of Criminal complaint bearing No. 521 dated 07.12.2019 (Annexure P-4), titled as State of Haryana vs. Sh. Sandeep & others, filed under Section 7 of the Essential Commodities Act, 1955 for contravention of Clause 19(a) and (b) of Fertilizer (Control) Order, 1985, pending before the Court of learned Chief Judicial Magistrate, Jind as well as for quashing of order dated 07.12.2019 (Annexure P-5) passed therein, whereby the petitioners were ordered to be summoned as accused to face trial for commission of aforementioned offences.
2. Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned complaint has been filed through the complainant-Quality Control Inspector, Jind on the allegations that the complainant inspected the premises of M/s Tirupati Khad Bhandar, Old Anaj Mandi, Julana on 13.03.2019. During checking, he found that 30 pieces of Zinc Oxide Suspension 39.5 in 250 ML packing bearing Batch No. 7KZN0020, manufactured by M/s P. L. Agro Technolo
Liability for sub-standard fertilizer lies with the manufacturer, not the marketing company, especially when samples are taken from sealed packets.
the absence of any material to show that petitioner is responsible for the quality of fertilizers seized, the proceedings now initiated against the petitioner is nothing but an abuse of process of la....
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.
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