M/S Gharda Chemicals Ltd And Ors vs State Of Punjab And Ors on 1 August, 2026

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    Punjab-Haryana High Court

    M/S Gharda Chemicals Ltd And Ors vs State Of Punjab And Ors on 1 August, 2026

    REEMA SAINI
    2026.08.01 13:11
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh
                  CRM-M-8948 of 2020 (O&M)                                                2
    
                Insecticide Act, 1968. The dealer M/s Guru Kirpa Pesticides and its
    
                Proprietor, have filed separate petition seeking identical relief. Since both
    
                petitions relate to the same case, they are being taken up together for
    
                decision.
    
                2.                      The facts, evident from the complaint are that complainant
    
                Girjesh            Bhargava,      Agriculture     Development     Officer-cum-Notified
    
                Insecticide Inspector, Mansa, visited the premises of the dealer M/s Guru
    
                Kirpa Pesticides, Bareta Mandi, Tehsil Badhlada, (Mansa) on 27.07.2016
    
                along with Sh. Gurditta, Chief Agriculture Officer, Mansa and after
    
                disclosing his identity, checked the insecticide license and stock. He took
    
                sample             of    Cartap   Hydrochloride    4%   GR      Batch   No.BAY1071B,
    
                manufacturing date 24.03.2015 expiry date 23.03.2017, manufactured by
    
                M/s Gharda Chemicals Limited, Mumbai from one sealed 5 kg bag of
    
                insecticide. Three test samples of insecticides were prepared as per
    
                provisions of the Insecticide Act, 1968 (hereinafter referred to as 'the Act').
    
                The samples were duly sealed. Form No. XXI was duly filled for sending the
    
                sample for testing to Government Analyst. Four copies of Form No. XX
    
                were also filled as per rules. One part of the sealed sample alongwith one
    
                duly filled and signed Form No.XX was handed over to Gurpreet Singh
    
                Proprietor of M/s Guru Kirpa Pesticides, at the spot on 27.07.2016. Two
    
                sealed test samples portion of the insecticides and Form Nos.XX and XXI
    
                were presented to the Chief Agricultural Officer, Mansa, on 01.08.2016 who
    
                after checking the same, sent one sealed sample portion of the insecticides to
    
                Senior Analyst Insecticide Testing Laboratory Ludhiana, for analysis vide
    
                office Endorsement No.224 dated 01.08.2016 along with Form No.XXI duly
    
    
    REEMA SAINI
    2026.08.01 13:11
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh
                  CRM-M-8948 of 2020 (O&M)                                            3
    
                filled. Remaining one sealed test sample portion of the insecticide and
    
                remaining two copies of each Forms No.XX and XXI were retained.
    
                3.                 The test sample was analysed and analysis report of the
    
                insecticides sample was sent vide report TA No. 249 dated 24.08.2016 to
    
                Chief Agricultural Officer, Mansa. As per analysis report, the sample had
    
                3.67% active ingredient content of Cartap Hydrochloride instead of Cartap
    
                Hydrochloride 4% GR and was declared 'misbranded' under the provisions
    
                of the Act. After receiving the analysis report on 24.08.2016, the Chief
    
                Agricultural Officer, Mansa-cum-Licensing Officer, served                show cause
    
                notice along with analysis report to the dealer M/s Guru Kirpa Pesticides,
    
                Bareta Mandi, Tehsil Budhlada and to its Proprietor vide letter No.6255-56
    
                dated 05.10.2016. The dealer, through its Proprietor submitted reply to the
    
                show cause notice dated 05.10.2016, which was received on 12.10.2016 in
    
                the office of Chief Agricultural Officer Mansa. The dealer acknowledged the
    
                sample taken and submitted the purchase bill along with reply.                Chief
    
                Agricultural Officer, Mansa-cum-Licensing Officer, again served show
    
                cause notice to the dealer M/s Guru Kirpa Pesticides and to its Proprietor
    
                vide letter dated 07.11.2016 to explain the matter by appearing personally in
    
                the office on 17.11.2016. The dealer firm M/s Guru Kirpa Pesticides
    
                submitted reply on 11.11.2016 in response to the show cause notice and
    
                requested for getting the reference sample retested from Central Insecticides
    
                Laboratory, Faridabad at their cost. The dealer firm was accordingly directed
    
                vide letter dated 14.12.2016 to get the reference sample retested by filing an
    
                application under Section 24(4) of the Act before the Court.
    
                4.                 It is further complainant's case that Chief Agriculture Officer,
    
                Mansa, served show cause notices to the responsible persons of
    REEMA SAINI
    2026.08.01 13:11
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh
                  CRM-M-8948 of 2020 (O&M)                                          4
    
                manufacturing and suppliers of Company M/s Gharda Chemicals Ltd.
    
                regarding the failure of the sample and violation of Sections 3K (1), 17, 18,
    
                33 of the Act. Copy of the show cause notice dated 15.12.2016 was served
    
                on the responsible officials of the company. The Manufacturing Company
    
                M/s Gharda Chemicals Ltd. submitted its reply on 28.12.2016, in response
    
                to the show cause notice expressing dissatisfaction with the analysis report
    
                of Insecticides Testing Laboratory, Ludhiana and requested for getting the
    
                reference sample portion retested from Central Insecticides Laboratory,
    
                Faridabad. After considering the reply of the dealer firm, Chief Agriculture
    
                Officer, Mansa, cancelled its insecticides licence which was valid upto
    
                31.12.2016, on account of failure of the sample and violation of Sections
    
                3K (1), 17, 18, 33 of the Act.
    
                5.                 In appeal filed by M/s Guru Kirpa Pesticides, the cancellation
    
                order was stayed, till the receipt of the re-analysis result of the sample. M/s
    
                Guru Kirpa Pesticides, filed application on 03.04.2017 under Section 24(4)
    
                of the Act, before the Court requesting for re-testing of the reference sample.
    
                Reference sample could not be sent for re-analysis as shelf life of the sample
    
                expired on 23.03.2017. After receiving the consent/sanction under Section
    
                31(1) of the Act from Joint Director of Agriculture (Plant Protection), Punjab
    
                SAS Nagar, prosecution was launched for violation of provisions of Section
    
                31(1) of the Act, against the dealer M/s Guru Kirpa Pesticides, its Proprietor
    
                and responsible person Gurpreet Singh and the Manufacturer M/s Gharda
    
                Chemicals Ltd., its Director and responsible persons.
    
                6.                 Learned counsel for the petitioners submits that the complaint
    
                and summoning order dated 06.06.2019 of learned Judicial Magistrate Ist
    
                Class, Budhlada, qua the manufacturing company, its Director and
    REEMA SAINI
    2026.08.01 13:11
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh
                  CRM-M-8948 of 2020 (O&M)                                    5
    
    
    
                responsible persons was liable to be set aside, being violative of Section
    
                24(4) of the Act. It is argued that after receiving show cause notice dated
    
                15.12.2016, the functionaries of the manufacturing company, vide letter
    
                dated 02.01.2017 sought retesting of the sample. However, the respondents

    did not respond to the request of the manufacturing company which

    amounted to infringement of its right to get the sample retested before its

    SPONSORED

    expiry. In view of Section 24(3) of the Act, even the manufacturer was

    entitled to an opportunity for re-analysis of the sample from Central

    Insecticides Laboratory, Faridabad. Respondents failed to discharge their

    duties under the Act, to get the sample retested, although they were well

    aware that the sample was to expire on 23.03.2017. The complaint was filed

    on 06.06.2019 when the sample had already expired. The manufacturer

    having been denied the opportunity of retesting of the sample and to

    controvert the finding of the Senior analyst Insecticides Laboratory,

    Ludhiana, Punjab, the complaint as well as summoning order deserved to be

    quashed. It was further argued that there was violation of Section 24(2) of

    the Act as well as the complainant did not issue show cause notice to the

    manufacturer company and show cause notice Annexure P-6 was only issued

    to the Director and the responsible persons. Thus, the complaint and the

    summoning order dated 06.06.2019 against the manufacturer, its Director

    and responsible persons deserved to be quashed. To support his arguments,

    he referred to M/s Northern Minerals Ltd. And others Versus Rajasthan

    Govt. and another, 2016 AIR (SC) 2543 and M/s Northern Minerals Ltd.

    And others Versus Union of India 2010(3) RCR (Criminal),763.

    REEMA SAINI
    2026.08.01 13:11
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    integrity of this document
    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 6

    7. Learned counsel for the petitioner further submits that M/s Guru

    Kirpa Pesticides and its Proprietor too were not liable to be prosecuted as the

    samples were drawn from sealed bag of 5 kg and there was nothing to show

    that the bag was not properly stored by the licensed dealer or at the time of

    taking of the sample, the bags were not properly sealed. In this context,

    reference has been made to M/s Rallis India Limited and others Versus

    State of Punjab through Insecticide Inspector, CRM-M-20338 of 2017,

    decided on 20.04.2022.

    8. Reply to the petition has been filed by State of Punjab by way

    of affidavit of Gijresh Bhargava, Agriculture Development Officer-cum-

    Insecticide Inspector, Mansa. On the strength of the reply furnished, learned

    State counsel submits that well before the expiry date of sample of

    insecticides i.e. on 05.10.2016, respondent No.2 had intimated the dealer

    M/s Guru Kirpa Pesticides, from whom the sample was taken to get

    reference sample retested by filing an application under Section 24(4) before

    the Court of learned Judicial Magistrate Ist Class, Budhlada. The dealer

    firm filed the application before learned Judicial Magistrate Ist Class,

    Budhlada, only on 03.04.2017, after expiry of shelf life, thus the sample

    could not be sent to the Central Insecticides Laboratory, Faridabad for

    retesting. No valuable right of the dealer was infringed. Show cause notice

    was also served on the Director and responsible officials of the

    manufacturing company alongwith a copy of analysis report and reply of the

    manufacturing company was received on 28.12.2016. The manufacturing

    Company was represented by its Director and responsible persons who did

    not show any intention under Section 24(3) of the Act nor applied for

    retesting of the referring sample. Thus, petitioners lost the valuable right to
    REEMA SAINI
    2026.08.01 13:11
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    integrity of this document
    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 7

    get the sample retested. The complaint under Sections 3K (1), 17, 18, 33 of

    the Act was legally valid and the summoning order was issued as per law.

    No prejudice was caused to the petitioners, even though the complaint was

    filed on 06.06.2019 after expiry of the date of the sample.

    9. To appreciate the submissions made, a reference to the

    provisions of Sections 22 and 24 of the Act is necessitated. The same are

    extracted hereunder:

    22. Procedure to be followed by Insecticide Inspectors.–(1)
    Where an Insecticide Inspector seizes any record, register or
    document under clause (b) of sub-section (1) of section 21, he
    shall, as soon as may be, inform a Magistrate and take his orders
    as to the custody thereof.

    (2) Where an Insecticide Inspector takes any action under clause

    (d) of sub-section (1) of section 21-

    (a) he shall use all dispatch in ascertaining whether or not
    the insecticide or its sale, distribution or use contravenes any of the
    provisions of section 18 and if it is ascertained that the insecticide
    or its sale, distribution or use does not so contravene, forthwith
    revoke the order passed under the said clause or, as the case may
    be, take such action as may be necessary for the return of the stock
    seized;

    (b) if he seizes the stock of the insecticide he shall, as soon
    as may be, inform a Magistrate and take his orders as to the
    custody thereof;

    (c) without prejudice to the institution of any prosecution, if
    the alleged contravention be such that the defect may be remedied
    by the possessor of the insecticide, he shall, on being satisfied that
    the defect has been so remedied, forthwith revoke his order and in
    case where the Insecticide Inspector has seized the stock of
    insecticide, he shall, as soon as may be, inform a Magistrate and
    obtain his orders as to the release thereof.

    1 [(3) Where an Insecticide Inspector takes any sample of an
    insecticide, he shall issue a receipt therefor stating therein that the
    fair price of such sample shall be tendered if the sample, after test
    or analysis is not found to be misbranded and the Insecticide

    REEMA SAINI
    2026.08.01 13:11
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    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 8

    Analyst has reported to that effect and on such price having been
    tendered may require a written acknowledgement therefor.]
    (4) 2 *** where the Insecticide Inspector seizes the stock of any
    insecticide under clause (d) of sub-section (1) of section 21, he
    shall tender a receipt therefor in the prescribed form.
    (5) Where an Insecticide Inspector takes a sample of an insecticide
    for the purpose of test or analysis, he shall intimate such purpose
    in writing in the prescribed form to the person from whom he takes
    it and, in the presence of such person unless he wilfully absents
    himself, shall divide the sample into three portions and effectively
    seal and suitably mark the same and permit such person to add his
    own seal and mark to all or any of the portions so sealed and
    marked: Provided that where the insecticide is made up in
    containers of small volume, instead of dividing a sample as
    aforesaid, the Insecticide Inspector may, and if the insecticide be
    such that it is likely to deteriorate or be otherwise damaged by
    exposure shall, take three of the said containers after suitably
    marking the same and, where necessary, sealing them.
    (6) The Insecticide Inspector shall restore one portion of a sample
    so divided or one container, as the case may be, to the person from
    whom he takes it and shall retain the remainder and dispose of the
    same as follows:–

    (i) one portion or container, he shall forthwith send to the
    Insecticide Analyst for test or analysis; and

    (ii) the second, he shall produce to the court before which
    proceedings, if any, are instituted in respect of the insecticide.

    xxx xxxx xxxx xxxx xxxx

    24. Report of Insecticide Analyst.–(1) The Insecticide Analyst to
    whom a sample of any insecticide has been submitted for test or
    analysis under sub-section (6) of section 22, shall, within a period
    of 1 [thirty] days, deliver to the Insecticide Inspector submitting it
    a signed report in duplicate in the prescribed form.

    (2) The Insecticide Inspector on receipt thereof shall deliver
    one copy of the report to the person from whom the sample was
    taken and shall retain the other copy for use in any prosecution in
    respect of the sample.

    (3) Any document purporting to be a report signed by an
    Insecticide Analyst shall be evidence of the facts stated therein, and
    REEMA SAINI
    2026.08.01 13:11
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    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 9

    such evidence shall be conclusive unless the person from whom the
    sample was taken has within twenty-eight days of the receipt of a
    copy of the report notified in writing the Insecticide Inspector or
    the court before which any proceedings in respect of the sample are
    pending that he intends to adduce evidence in controversion of the
    report.

    (4) Unless the sample has already been tested or analysed
    in the Central Insecticides Laboratory, where a person has under

    sub-section (3) notified his intention of adducing evidence in
    controversion of the Insecticide Analyst‟s report, the court may, of
    its own motion or in its discretion at the request either of the
    complainant or of the accused, cause the sample of the insecticide
    produced before the magistrate under sub-section (6) of section 22
    to be sent for test or analysis to the said laboratory, 2 [which shall,
    within a period of thirty days, make the test or analysis] and report
    in writing signed by, or under the authority of, the Director of the
    Central Insecticides Laboratory the result thereof, and such report
    shall be conclusive evidence of the facts stated therein.

    (5) The cost of a test or analysis made by the Central
    Insecticides Laboratory under sub-section (4) shall be paid by the
    complainant or the accused, as the court shall direct.

    10. The legal position that under Section 24(4) of the Act, an

    accused other than a person from whom sample is taken also has a right to

    seek re-testing of the sample and adduce evidence in contraversion of the

    report of the insecticide analyst, is now well settled.

    11. In M/s Northern Minerals Ltd. And others Versus Rajasthan

    Govt. and another, 2016 AIR (SC) 2543, the Apex Court ruled as under:

    “………………..we have no hesitation to conclude, that insofar as the
    person from whom the sample was taken, the right to raise an
    objection is circumscribed by requiring him to indicate his intention
    to do so within 28 days of the receipt of the copy of the report. There
    is however no such limitation of time placed by the legislature on the
    complainant and/or the other accused proceeded against. In the
    above view of the matter, insofar as the present appeal is concerned,
    REEMA SAINI we find, that a vital right vested in the appellants/accused to get the
    2026.08.01 13:11
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    CRM-M-8948 of 2020 (O&M) 10

    sample re-tested (from the Central Insecticides Laboratory), to
    controvert the report of analysis of the sample obtained by the
    Insecticide Inspector, stood frustrated. The appellants have lost the
    right to disprove their guilt. The appellants cannot be proceeded
    against, when they have, for no fault of their own, lost a vital right of
    defence. We are satisfied to conclude, that under sub-Section (4) of
    Section 24 of the Act, an accused other than a person from whom the
    sample is taken, also has a right to adduce evidence in controversion
    of the Insecticide Analysit’s Report, and in case the accused avail of
    the above right under sub-Section (4) of Section 24, he must bear the
    expenses of the test or analysis, to be made by the Central
    Insecticides Laboratory (under sub-Section 5 of Section 24)”

    12. Undisputed facts of the case with relevant dates are illustrated

    in tabular form as under:

    Date
    27.07.2016 Sample of insecticide was drawn from the
    premises of dealer M/s Guru Kirpa Pesticides,
    Bareta Mandi, District Mansa.

    24.08.2016 Report of the Senior Analyst, Insecticides Testing
    Laboratory, Ludhiana was received declaring the
    sample of insecticide misbranded.

    05.10.2016 A Show cause notice was issued to dealer M/s
    Guru Kirpa Pesticides, Mansa along with a copy
    o the Senior Analyst report.

    14.10.2016 The dealer M/s Kirpa Pesticides, Mansa filed
    reply to the aforesaid show cause notice.

    07.11.2016 The dealer was issued letter affording personal
    hearing on 17.11.2016.

    15.12.2016 Show cause notice was issued to the functionaries
    of the manufacturing firm along with a copy of
    report of Insecticides Testing Laboratory,
    Ludhiana.

    02.01.2017 Functionaries of the manufacturing company filed
    their reply with request for retesting.

    02.07.2018 The Joint Director, Agriculture (Plants
    Protection), SAS Nagar accorded sanction for
    prosecuting the petitioners as well as the other
    accused.

    REEMA SAINI
    2026.08.01 13:11
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    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 11

    06.06.2019 The Insecticide Inspector instituted a complaint
    against the petitioners and the same day
    summoning order was passed.

    13. The facts above make it evident that the dealer M/s Guru Kirpa

    Pesticides, did not, within the time lines provided by Section 24(3) of the

    Act (28 days on receipt of copy of report) notify in writing to the Insecticide

    Inspector that it intended to adduce evidence in contraversion of the report

    or that it intended to have the sample re-analysed. The dealer merely

    submitted reply to the show cause notice, without expressing such intention

    whereafter letter was issued by the complainant for personal hearing on

    07.11.2016. It was only on 11.11.2016 that a request was made by the dealer

    that the sample be got retested from authorised laboratory. The plea that the

    dealer lost its valuable right of getting the sample retested is therefore, not

    available to M/s Guru Kirpa Pesticides.

    14. Be that as it may, it was not before 15.12.2016 that Chief

    Agricultural Officer, Mansa, addressed a communication to the Director and

    responsible persons of manufacturing firm M/s Gharda Chemicals Ltd.,

    requiring an explanation why legal action should not be lauched against

    them, informing them about the testing of the sample by Senior Analyst

    Insecticides Testing Laboratory, Ludhiana and the report of ‘misbranding’

    in respect of percentage of the active ingredients. In response thereto, the

    functionaries of manufacturing firm addressed communication dated

    28.12.2016 requesting for re-testing of the samples, which evoked no

    response or action from the complainant’s side.

    REEMA SAINI
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    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 12

    15. At this juncture, observations of Apex Court in M/s Northern

    Minerals Ltd. And others Versus Union of India 2010(3) RCR

    (Criminal),763, need to be referred:

    22. From the language and the underlying object behind
    Section 24(3)and (4) of the Act as also from the ratio of the
    aforesaid decisions of this Court, we are of the opinion that
    mere notifying the intention to adduce evidence in
    controversion of the report of the Insecticide Analyst confers
    on the accused the right and clothes the court with the
    jurisdiction to send the sample for analysis by the Central
    Insecticides Laboratory and an accused is not required to
    demand in specific terms that the sample be sent for analysis
    to the Central Insecticides Laboratory. In our opinion the
    mere intention to adduce evidence in controversion of the
    report, implies demand to send the sample to the Central
    Insecticides Laboratory for test and analysis.

    23. Section 24(3) of the Act gives right to the accused to rebut
    the conclusive nature of the evidence of the Insecticide
    Analyst by notifying its intention to adduce evidence in
    controversion of the report before the Insecticide Inspector or
    before the court where proceeding in respect of the samples is
    pending. Further, the court has been given power to send the
    sample for analysis and test by the Central Insecticides
    Laboratory of its own motion or at the request of the
    complainant or the accused.

    24. No proceeding was pending before any court when the
    accused was served with the Insecticide Analyst’s Report, the
    intention was necessarily required to be conveyed to the
    Insecticide Inspector, which was so done by the appellant and
    in this background the Insecticide Inspector was obliged to
    institute complaint forthwith and produce the sample and
    request the court to send the sample for analysis and test to
    the Central Insecticides Laboratory. The appellant did
    whatever was possible for it. Its right has been defeated by not

    REEMA SAINI
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    CRM-M-8948 of 2020 (O&M) 13

    sending the sample for analysis and report to the Central
    Insecticides Laboratory.

    25. It may be mentioned herein that shelf life of the
    insecticides had expired even prior to the filing of the
    complaint. The position therefore which emerges is that by
    sheer inaction the shelf life of the sample of insecticides had
    expired and for that reason no step was possible to be taken
    for its test and analysis by the Central Insecticides
    Laboratory. A valuable right of the appellant having been
    defeated, we are of the opinion that allowing this criminal
    prosecution against the appellant to continue shall be futile
    and abuse of the process of court.

    27. It is interesting to note that Section 24(3)and (4) of the Act
    oblige the Insecticide Analyst and the Central Insecticides
    Laboratory to make the test and analysis and report within
    thirty days. When 30 days is good enough for report, there
    does not seem any justification not to lodge complaint within
    30 days, from the receipt of the intimation from the accused
    and getting order for sending the sample for test and analysis
    to the Central Insecticides Laboratory. All who are entrusted
    with the implementation of the provisions of the Act, would be
    well advised to act with promptitude and adhere to the time
    schedule, so that innocent persons are not prosecuted and real
    culprits not left out.”

    16. In the case before us as well, after receiving request for re-

    analysis on 02.01.2017 (before the expiry date of the insecticide), the

    respondents did not institute the complaint within reasonable time and the

    complaint was instituted only on 06.06.2019 after more than 2-1/2 years of

    the request submitted by functionaries of manufacturing Company for re-

    testing. By the time the complaint was filed, the insecticide had expired and

    therefore, application under Section 24(4) to the Court could not have been

    made, for test and re-analysis of the sample by the Central Insecticides

    REEMA SAINI Laboratory. A valuable right of the manufacturing company having been
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    defeated, prosecution against the company and its officer cannot be allowed

    to proceed.

    17. It would be apposite now to refer to Section 30 of the Act,

    which reads as under:

    ’30. Defences which may or may not be allowed in
    prosecutions under this Act.–(1) Save as hereinafter provided
    in this section, it shall be no defence in a prosecution under
    this Act to prove merely that the accused was ignorant of the
    nature or quality of the insecticide in respect of which the
    offence was committed or of the risk involved in the
    manufacture, sale or use of such insecticide or of the
    circumstances of its manufacture or import.
    (2) For the purposes of section 17, an insecticide shall not be
    deemed to be misbranded only by reason of the fact that– (a)
    there has been added thereto some innocuous substance or
    ingredient because the same is required for the manufacture
    or the preparation of the insecticide as an article of commerce
    in a state fit for carriage or consumption, and not to increase
    the bulk, weight or measure of the insecticide or to conceal its
    inferior quality or other defect; or (b) in the process of
    manufacture, preparation or conveyance some extraneous
    substance has unavoidably become intermixed with it. (3) A
    person not being an importer or a manufacturer of an
    insecticide or his agent for the distribution thereof, shall not
    be liable for a contravention of any provision of this Act, if he
    proves– (a) that he acquired the insecticide from an importer
    or a duly licensed manufacturer, distributor or dealer thereof;

    (b) that he did not know and could not, with reasonable
    diligence, have ascertained that the insecticide in any way
    contravened any provision of this Act; and (c) that the
    insecticide, while in his possession, was properly stored and
    remained in the same state as when he acquired it.’

    REEMA SAINI
    2026.08.01 13:11
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    integrity of this document
    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 15

    18. Hon’ble Supreme Court in M/s Kisan Beej Bhandar, Abohar v.

    Chief Agricultural Officer, Ferozepur and another (1990) SCC (Criminal)

    623, held as under : –

    “4. The High Court took the view that by enacting sub-
    section (1) of Section 30 of the Act, Parliament had taken
    out the element of mens rea from consideration and,
    therefore, knowledge was not at all material. Appellant’s
    counsel has argued that protection of sub-section (3) is
    available not only to prosecutions but also to every
    contravention of the Act and cancellation of licence for
    contravention of the Act is also a matter covered by sub-
    section (3). We are inclined to accept the submission and
    take the view that whether it is prosecution or
    contravention leading to cancellation, sub-section (3)
    applies. In that view of the matter, on the facts found that
    it was a full tin in a sealed condition, the liability arising
    out of misbranding was not of the appellant. Unless he
    had any other source of information about misbranding –
    and it has not been established – the appellant is entitled
    to the protection of (sic) appellant’s contention that it was
    a sealed tin intact has been found, the burden that lay on
    him under the provisions of subsection (3) had been
    satisfactorily discharged, even in the matter of
    considering the question of cancellation of licence and,
    therefore, his licence should not have been cancelled. We
    allow the appeal, reverse the order of the High Court and
    the authorities and restore the licence. The appeal is
    disposed of accordingly. No costs.”

    19. The aforesaid decision of the Apex Court has been followed by

    Co-ordinate Benches of this Court.

    REEMA SAINI
    2026.08.01 13:11
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 16

    20. In Lochen Kheti Sewa Centre Vs. State of Punjab, 2008 (2)

    RCR (Criminal) 22, it was observed as under:-

    3. Learned counsel appearing for the respondent/State
    has very fairly stated that the petitioner is not the
    manufacturer. The sample was drawn from sealed packets
    and there is no material to indicate that it was properly
    stored. Under the circumstances the petitioner cannot be
    held liable for misbranding of the insecticide. Only the
    manufacturer, who is being proceeded against would be
    responsible.

    21. This Court in the matter of Surinder Kumar Vs. State of

    Punjab, 2011(1) RCR (Criminal) 211 held as under:-

    2. Learned counsel for the petitioner contends that the
    petitioner is a licensee under Insecticide Act, 1968 to deal
    with various kinds of insecticides and pesticides of
    registered and approved manufacturers. It has further
    been clarified that the petitioner sells only sealed and
    packed insecticides/pesticides. A sample of insecticide
    that has been manufactured by a company approved by
    Government of Punjab was drawn on 25.05.2001. The
    sample was drawn from originally sealed and packed
    container. In above regards, learned counsel has referred
    to para No.3 of the petition which is extracted hereunder:

    “3. That as per complainant version on
    25.05.2001, he drew a sample of one insecticide i.e.
    Metalyax 8% + Mancozeb 64% EC bearing Batch
    No.KG-09, Mfg. November, 2000 and Expiry
    October, 2002 out of two 500 gms. Originally
    sealed and packed containers lying properly from
    the shop premises of the petitioner-firm as
    manufactured by M/s. Fungicide India Ltd. Jammu.

    REEMA SAINI

    The said manufacturing company i.e. M/s
    2026.08.01 13:11
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 17

    Fungicide Ltd. Jammu is the registered and
    authorised manufacturing company by Govt. of
    Punjab to sell its products in the State of Punjab”

    3. Learned counsel states that it is admitted case of the
    respondents that sample was drawn from sealed and
    packed container. In this regard, learned counsel has
    referred to Para No.3 of the reply on merits which reads
    as under:-

    3. That the contents of para No.3 of the petition are
    matter of record.

    5. It is not in dispute that the petitioner has a licence to
    sell insecticides and pesticides manufactured by
    companies approved by Government of India and
    Government of Punjab. It is further not in dispute that the
    sample that has been drawn has been manufactured by
    approved manufacturer. There is no material available on
    the file to indicate that the insecticide was stored in
    violation of rules. It is also the admitted position that
    sample was drawn from originally sealed and packed
    containers.

    6. In view of the above, the only conclusion that can be
    drawn is that the petitioner who is merely selling the
    insecticide had no occasion to tamper with the contents of
    the container/insecticide.

    7. In view of the above, I am of the considered opinion
    that continuance of proceedings against the petitioner
    would he abuse of process of law and abuse of process of
    Court. The petitioners being only involved in sale of
    insecticide, cannot be held responsible for the contents of
    the container from which the sample has been drawn.

    22. This Court has further in the matter of Naresh Kumar Vs. State

    of Punjab, 2011(2) RCR (Criminal) 202 held as under:-

    7.It is evident from above that sample was taken
    REEMA SAINI
    from original packing.

    2026.08.01 13:11
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 18

    8.Affidavit dated 06.12.2010 of S Navtej Singh,
    Insecticide Inspector, District Kapurthala has been
    filed. Para 1 of the said affidavit reads under:-
    “1. Original packing as per Form XX refers to the
    stock in possession of accused, which at the time of
    sampling is in a sealed condition which is
    purported to be same as packed, lebelled and
    sealed by the manufacturer. Although, it is stated in
    the subsequent paragraph that it is yet to be
    determined whether the insecticide in question
    (Monocrotophos 36% SL of
    one liter each) was in original sealed packing or as
    to whether the sealed packing was tampered with
    or not, the allegation in the complaint and Form
    No. XX speaks for themselves. There is no doubt
    left that the sample was drawn from the originally
    sealed and packed containers weighing one liter
    and packed by the registered and authorized
    manufacturing company. There
    is no allegation that in the said complaint that the
    said seal was tampered with or the originally
    packing was tampered with. There is no allegation
    that the said sample was not stored in the same
    state.

    (…..)

    11. In view of the foregoing discussion, the present
    petition is allowed. Complaint No. 79 dated
    02.03.2007 under sections 3(k) (i), 17, 18, 29 and
    33 of the Insecticide Act, 1968 read with rules 27
    (5) of the Insecticides Rules 1971 titled as State v
    M/s Punjab Khad Store and others pending in the
    Court of learned Chief Judicial Magistrate,
    Kapurthala and summoning order and all

    REEMA SAINI
    2026.08.01 13:11
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 19

    consequential proceedings arising therefrom qua
    the petitioners are hereby quashed

    23. A co-ordinate Bench of this Court in M/s Rallis India Limited

    and others Versus State of Punjab through Insecticide Inspector (supra)

    too has held that the marketing agency/licensed dealer cannot be held

    vicariously liable and penalised for misbranding of a product where they

    were not involved in the manufacturing process at all, merely for having

    traded in the same when the sample was drawn from a sealed package and

    was properly stored.

    24. As per admitted case, M/s Guru Kirpa Pesticidies was the dealer

    duly licensed to sell, stock, exibit for sale or distribution of insecticides. The

    sample was taken on 27.07.2016. Its license was valid upto 31.12.2016. The

    samples were drawn from 5 kgs original sealed bag of insecticides Cartap

    Hydrochloride 4% GR bearing Batch No.BAY1071B, manufacturing date

    24.03.2015 and expiry date 23.03.2017, manufactured by M/s Gharda

    Chemicals Limited, Mumbai.

    25. The dealer M/s Guru Kirpa Pesticidies, vide its reply dated

    14.10.2016 to the show cause notice (on record as Annexure P-4) conveyed

    to the Chief Agricultural Officer, as below:

    1. xxxx xxxxx xxxxx.

    2. xxxx xxxxx xxxxx.

    3. That the insecticides in question namely (Kraft) Cartap
    Hydrochloride 4% GR purchased from Gharda Chemicals
    Ltd. C/o Baba ji Agencies 10th mile stone, Bahinda-Goniana
    Road, Village: Bhokara Bathinda. Regd. Office: 48, Hill
    Road, Bandra (W) Mumbai-400050. VIDE their invoice
    NoSAL/P/0117/1617 dtd. 14-04-2016 (Photo stat copy of the
    bill enclosed) and the same material was duly entered in our

    REEMA SAINI
    2026.08.01 13:11
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 20

    duly certified stock register in the Folio no. 4 (Photo stat copy
    of the front page and folio no. 4 of stock register enclosed).

    4. The said insecticides is manufactured by Gharda Chemicals
    Ltd. duly licenced manufacturer having their sales permission
    for the state of Punjab granted by Director of Agricultureal
    (Punjab)Chandigarh.

    5. That Sh. Girjesh Bhagrav the insecticides Inspector Mansa
    drawn the sample of the above product on 27-07-2016 from
    original pack of 5KG packing, with originally sealed in intact
    condition containing a declaration by the said
    manufacturturer that the active ingredient contents are in
    conformity and same as mentioned on the outside of the the
    pack (Photocopy of the bill enclosed).

    6. That I not being the manufacturer could not with
    reasonable diligence ascertained that the said insecticide was
    sub standard as alleged by your goodself in the show cause
    notice and test report. The insecticides in question was
    properly stored and remained in the same State as and when it
    was purchased from the concerned manufacturer through the
    said authorized distributors. Thus, we cannot be held liable
    for the fault on the part of the manufacturer, as provided in
    accordance with section 60(3) of the said act. The licencee
    being a licence holder is procted under section 30(3) of the
    act, it is clear that the licencee for the purposes, of selling
    insecticides cannot be held liable even if the sample is not
    found conformity with ISI specification. The licencee is
    neither an improter, nor a manufacturer of the insecticides or
    his agent but is a licence holder for the purpose of selling
    insecticides.

    Contents of Annexure P4 sent by the dealer have not been

    disputed.

    26. It has not been alleged anywhere in the complaint that the

    sample was not properly stored in accordance with the provision contained

    in the Insecticides Acts and Rules framed thereunder nor it is alleged that the
    REEMA SAINI
    2026.08.01 13:11
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh
    CRM-M-8948 of 2020 (O&M) 21

    sealed bag was not kept in the same state as when acquired after purchase

    by M/s Guru Kirpa Pesticidies. There is no allegation that the invoice vide

    which the insecticide was purcahsed by the dealer firm from the

    manufacturing firm, was not genuine. M/s Guru Kirpa Pesticidies, being the

    dealer, thus could not be said to be responsible for the quality of the product

    or for ensuring the labelled ingredients or for misbranding of the

    insecticides purchased from and manufactured by M/s Gharda Chemicals

    Ltd.

    27. Petitioners, the manufacturing company, its Director,

    representatives and the dealer, its Proprietor, thus cannot be prosecuted for

    the offence under Sections 3K (1), 17, 18, 33 of Insecticide Act, 1968.

    Continuation of the criminal proceedings against them would not serve the

    ends of justice.

    28. The petitions are allowed. Complaint No.13 of 2019 titled

    ‘State Versus M/s Guru Kirpa Pesticides and others’ pending before learned

    Judicial Magistrate Ist Class, Budhlada, order dated 06.06.2019 summoning

    the petitioners to face trial under Sections 3K (1), 17, 18, 33 of Insecticide

    Act, 1968, and all consequential proceedings arising therefrom are hereby

    quashed qua the petitioners.

    All the pending miscellaneous applications, if any, stand
    disposed of.

    Photocopy of this order be placed on the file of another
    connected case.

                                                                         (SHALINI SINGH NAGPAL)
                01.08.2026                                                      JUDGE
                reema
                                   Whether speaking/reasoned : Yes
                                   Whether reportable :        Yes/No
    
    
    
    
    REEMA SAINI
    2026.08.01 13:11
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh
    



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