In Safex Chemicals India Limited v. State of Haryana, (supra), this Court has quashed complaint against the main dealer, who sold the misbranded pesticide to the sub dealer, from whom the sample was taken, on the ground that there was no averment in the complaint that the misbranded pesticide was not properly stored. It was held by this Court that when the insecticide was acquired from the licensed manufacturer in a sealed container by the main dealer and the same was properly stored and kept in the same condition, in which it was acquired, it will not be open for the State to file a complaint against such persons. Filing of such complaint would be an abuse of the process of the Court. This Court has consistently taken the view that when the complaint is lacking in definite averments regarding improper storing of the insecticide, selling of the insecticide in loose condition and the knowledge regarding selling of the misbranded insecticide and further when from the complaint it is clear that the sample was taken in sealed packed containers, then certainly the seller of the insecticides is entitled for the protection provided under Section 30(3) of the Act and in such circumstances, the complaint is liable to be quashed and continuation of such complaint is nothing but an abuse of process of law.
Punjab-Haryana High Court
Sahil Agrochemicals And Anr. vs State Of Punjab on 16 August, 2002
Bench: S K Mittal
