(Querist) 13 June 2008
This query is : Resolved
a case was filed in 2000 under PFA act, only seller was made accused and manufacturer of the product was not made party to the trial. now after 8 years the prosecution is considering to implead him as a party (still not made). can the manufacturer be impleaded as a party to the case after such long delay. what defense can he take and how delay will effect the trial. thnks & regds
(Expert) 13 June 2008
He can be roped in the case. Delay in impleading may be used favourably, but as manufacturer, he will have to face trial.
The trail would have started now and after deposition of the deponents in the trial, the prosecution would have impleaded the manufacturer.
It depends of the product he has sold and action taken from his side to avoid contamination of the food. He can prove that as manufacturer, the goods when dispatched from him were good, he can shift the burden to the seller.
(Expert) 14 June 2008
Both the manufacturer and seller is liable under PFA. If you want to defend see Limitation Act.