Insecticides Act, 1968 (46 of 1985), S. 33 – Whether Director, Godown Incharge and licensed retailer can be held liable in a case of misbranding of a product manufactured by a company, when a specific person had been nominated for quality control?
Company having nominated a specific person responsible for quality control – Merely stating that the Director and the Godown Incharge, are responsible, without elaborating as to how and in what manner they were responsible for the misbranding of the product – Absence of specific allegations of their consent, connivance or neglect – Can not hold them even vicariously liable, in order to fasten them with the liability of misbranding and thereby the consequence of being penalized.