Crl. Misc.No. M- 10108 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc.No. M- 10108 of 2010 Date of decision : 10.05.2011 M/s Khehra Khad Store and another ......Petitioners versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. R.K. Girdhar, Advocate for the petitioners. Mr. Munish Kumar, AAG, Punjab for the respondent-State. **** RITU BAHRI , J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing criminal complaint No.11 dated 19.02.2010 under Section 29 read with Section 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 and Rules 10,27(5) of the Insecticides Rules, 1971 (Annexure P-2), summoning order dated 19.02.2010 (Annexure P-3), and all the subsequent proceeding arising therefrom. The facts, in brief, are that on 13.07.2007, Mastinder Singh, Insecticide Inspector, Block Jandiala Guru, alongwith other officials inspected the shop of petitioners. A sample of Cartap Hydrochloride 4% GR insecticide was taken from 5 Kgs. packet bearing batch no.DK- 00683, manufacturing date 26.6.2007 and expiry date 19.06.2009. This product was manufactured by M/s Rallis India Ltd., Patancheru, District Medak, Andhra Pardesh. Three separate samples each measuring approximately Crl. Misc.No. M- 10108 of 2010 -2- 300 grams of the same were taken out. One sample was sent to Senior Analyst, Insecticide Testing Laboratory, Amritsar for analysis on 13.7.2007. The sample was declared as misbranded as per the report received on 19.07.2007. A notice was served upon the petitioner, who submitted his detailed reply dated 25.7.2007. The main plea taken in the reply was that the insecticide in question was purchased from M/s Rallies India Ltd., Depot at Ambala bye-pass Road, Ludhiana . The sample was taken from 5 liter pack of “Cartox” in seal packet condition. It was further pleaded in the reply that the insecticide in question, which was purchased by the petitioner from the manufacturer vide bill No.7659 dated 26.06.2007, was stored in the same condition. The petitioner has sought quashing of the impugned complaint (Annexure P-2) and the summoning order dated 19.02.2010 (Annexure P-3) on the ground that since they were not the manufactures of the samples, which were taken from their shop, they cannot be convicted under the Insecticide Act. The petitioner is distributor of the insecticide, therefore, he is not liable to prosecute under the Insecticide Act. A reference has been made to Jagtar Singh and another v. State of Punjab, 2008(4) RCR (Criminal) 515, wherein it was held that the accused cannot be held guilty under the Insecticide Act and only the manufacturer would be liable for the same if the product, in sealed packet, was found mis-branded. It was further held that the proceedings against the dealer were the sheer abuse of the process of the Court of law. Further as per judgments of this Court in M/s Saini Kheti Sewa Centre v. State of Punjab, 2009(4) RCR (Crl.) 601, Tejinder and others v. State of Punjab 2009(4) RCR (Crl.) 602, M/s Crl. Misc.No. M- 10108 of 2010 -3- Jai Rath Seed Store Vs. Punjab State, 2009(4) RCR (Crl.) 831 and M/s Guru Nanak Pesticides V. State of Punjab, 2010(1) RCR (Crl.) 30, the dealer/distributor cannot be held responsible for the manufacturing defect as provided under Section 30(3) of the Insecticide Act. It is not disputed that a sample of one packet of Cartap Hydrochloride 4% GR Insecticide, which was sealed, was taken out. The report of the Public Analysis that the sample was mis-branded. A licence of the distributor after the report of the Public Analysis, had been cancelled on 05.09.2007 . Subsequently, on an appeal, filed by the petitioner, the licence was restored, but he has been restrained from selling the insecticides manufactured by M/s Rallis India Ltd. Vide order dated 03.12.2007. Consequently, the petition is allowed. The complaint (Annexure P-2) and the summoning order (Annexure P-3),vide which the petitioner was ordered to be summoned, are hereby quashed. The petition stands disposed of. (RITU BAHRI) JUDGE May 10, 2011 dinesh