The Punjab and Haryana High Court has quashed criminal proceedings initiated under the Insecticides Act, 1968, against a marketing company and its office bearers, holding that a dealer or distributor cannot be held vicariously liable for the sale of a misbranded insecticide when the sample is drawn from an original sealed container, and there is no allegation of knowledge or involvement in misbranding.
Allowing a petition filed under Section 482 CrPC, Justice Yashvir Singh Rathor set aside the complaint, summoning order, and all consequential proceedings arising from a prosecution launched in 2019 relating to the sale of Fipronil 0.3% GR, which was declared misbranded on laboratory testing.
The prosecution case stemmed from a sample drawn in May 2017 by an Insecticide Inspector from the premises of a dealer in Ludhiana. The insecticide was manufactured by a third-party company and marketed by the petitioners. While the State laboratory and the Central Insecticide Laboratory both reported the sample as misbranded, the petitioners contended that they were only involved in marketing the product and had no role in its manufacture, packaging, or labelling.
Accepting this contention, the Court held that where an insecticide is received and sold in sealed condition, liability for misbranding cannot be fastened upon the dealer or marketing company in the absence of material showing knowledge or responsibility for quality control. The Court relied on Supreme Court precedent and earlier coordinate bench rulings to reiterate that Section 33 of the Insecticides Act does not permit vicarious liability of marketing entities merely for trading in the product.
The High Court also found fault with the summoning order passed by the trial Magistrate, observing that it was non-speaking and reflected no application of mind, as no reasons were recorded while issuing process against the petitioners.
Holding that the complaint did not disclose a prima facie case against the petitioners, the Court quashed the complaint, summoning order, and all subsequent proceedings.
Cases Referred
M/s Kisan Beej Bhandar, Abohar Vs. Chief Agricultural Officer, Ferozepur, 1990(Supp) SCC 11
M/s Rallis India Limited and others Vs. State of Punjab, CRM-M-37453-2019
Appearances
Mr. Rakesh Verma, Advocate and Mr. Manish Verma, Advocate for the petitioners.
Mr. Rohit Hans, DAG, Punjab assisted by Mr. Ram Singh Paul, Insecticide Inspector.
