CHANDER KANTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHILE the matter was being argued by the learned counsel for the parties, my attention was drawn towards the reply filed by the respondents wherein in para 2 it is admitted that the sample of Butachlor 50% E.C. was taken from the premises of the petitioners in original one litre container which was manufactured by M/s. B.L. Industries, Jaipur. The same was analysed at Insecticide Testing Laboratory, Ludhiana and was declared misbranded.

(2.) ON the similar facts I have given a detailed judgment in Crl.Misc. No. 20088-M of 1995 M/s Amar Khad Store v. State of Punjab, 1996(3) Recent Criminal Reports 140 wherein it was observed that as the samples were purchased from the licensed manufacturer, and the same were drawn from the sealed containers, therefore, the petitioners could not know with reasonable diligence and care that the insecticide in any manner contravened any provision of the Act. It was further observed that if the samples and the material of insecticide available with them was misbranded the liability lies upon the manufacturer and not on the petitioners.