Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness 304 Part I IPC | Sudden Fight Between Brothers Over Mud House Construction: Jharkhand High Court Converts Murder Conviction To Culpable Homicide When Rape Fails, Section 450 Cannot Stand: Orissa High Court Acquits Accused of House-Trespass After Finding Relationship Consensual Concurrent Eviction Orders Will Not Be Reopened Under Article 227: Madras High Court Section 128 Contract Act | Surety’s Liability Is Co-Extensive: Kerala High Court Upholds Recovery from Guarantors’ Salary Custodial Interrogation Not Warranted When Offences Are Not Punishable With Death or Life: Karnataka High Court Grants Anticipatory Bail to Deputy Tahsildar in Land Records Case Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Consumer | No Complete Deficiency In Service — Excess Rainfall Also To Blame: Supreme Court Halves Compensation In Groundnut Seed Crop Failure Case Development Cannot Override The Master Plan: Supreme Court Nullifies Cement Unit CLU In Agricultural Zone Negative Viscera Report Is Not a Passport to Acquittal: Madras High Court Confirms Life Term of Parents for Poisoning Mentally Retarded Daughter Observations Have Had a Demoralising and Chilling Effect: Allahabad High Court Judge Recuses from Bail Matter After Supreme Court’s Strong Remarks Controversial YouTube Remarks On ‘Black Magic Village’ Not A Crime: Gauhati High Court Quashes FIR Against Abhishek Kar “Failure To Specifically Deny Allegations Amounts To Admission”: J&K High Court Reiterates Law Under Order VIII CPC Section 293 Cr.P.C. Does Not Bar Examination of Expert When DNA Report Is Disputed: MP High Court Medical Evidence Trumps False Alibi: Allahabad HC Upholds Conviction In Matrimonial Murder Where Strangulation Was Masked By Post-Mortem Burning Helping Young Advocates Is Not A Favour – It Is A Need For A Better Justice System: Rajasthan High Court Section 82 Cr.P.C. | Mere Non-Appearance Does Not Ipsi Facto Establish Absconding: Punjab & Haryana High Court Sets Aside Order Declaring Student Abroad as Proclaimed Person

Marketing Company and Its Directors Not Liable for Misbranding of Insecticide; Liability Lies with Manufacturer: Punjab and Haryana High Court Quashes Criminal Complaint Against Syngenta India Ltd.

07 May 2024 8:19 AM

By: Admin


In a significant ruling concerning the liability for misbranding of insecticides, the Punjab and Haryana High Court has absolved a marketing company, Syngenta India Ltd., and its directors from the criminal charges under the Insecticides Act, 1968.

The crux of the judgement delivered by Justice Jasjit Singh Bedi focused on the differentiation of liabilities between a marketing company and the manufacturer in cases of misbranding under the Insecticides Act. It revolves around the interpretation of Section 30 of the Insecticides Act, 1968, emphasizing the responsibilities of manufacturers and marketers.

The case emerged from the inspection of Paramjit Kaur’s premises (M/s Jagjit Singh & Sons), leading to the discovery of misbranded Clodinofop-Propargyl 15% WP. The analysis reported a lower active ingredient percentage than labeled, triggering legal proceedings against all involved parties, including Syngenta India Ltd., which was responsible for marketing the product.

Petitioner’s Liability: The court, referencing Section 30 of the Insecticides Act, observed, “The petitioners, being a marketing company, are not involved in manufacturing or quality control… their liability is distinctly separate from that of the manufacturer.”

Precedent Reference: Citing a similar case (M/s Rallis India Limited & others Versus State of Punjab), Justice Bedi reinforced that “marketing agencies/licensed dealers are not to be penalized for issues related to product quality over which they have no control.”

State’s Position: While the state acknowledged the factual stance of the petitioners, it argued for collective liability. The court, however, distinguished the responsibilities as per the Act.

Conclusion: The judgement culminated in a significant observation: “Considering the role of the petitioners as marketers, they cannot be equated with the manufacturer for liability in misbranding cases under the Act.”

Decision: The Court concluded that Syngenta India Ltd. And its directors, being marketers, do not bear responsibility for the misbranding of the insecticide. Consequently, the criminal complaint and subsequent proceedings against them were quashed.

Date of Decision: 08.04.2024

M/S SYNGENTA INDIA LTD. & OTHERS VERSUS STATE OF PUNJAB

 

Latest Legal News