Insecticides Act, 1968, Section 24(4), Criminal Procedure Code, 1973, Section 469 -- Misbranded insecticides - Starting point of limitation of three years for filing complaint starts to run from the date of receipt of report of Insecticide Testing Laboratory and not from the report of second analysis of Central Insecticide Testing Laboratory...........
Insecticides Act, 1968, Section 33 -- Misbranded insecticides - Offence by company - Company passed a resolution fixing responsibility of one of Managers and same was furnished to Managing Director - When furnishing of such undertaking fixing responsibility of quality control of products is not in dispute, there is no reason or justification for prosecuting Managing..........
Criminal Procedure Code, 1973, Section 200, 482, Insecticides Act, 1968, Section 17, 18, 33, 29, 24(4) -- Cognizance of offence - Without conducting inquiry and ordering investigation - Offence u/ss 3(k)(i), 17, 18, 33, 29 of Insecticides Act - Where public servant in exercise of powers under provisions of Insecticides Act has filed complaint enclosing several documents..........
Insecticides Act, 1968, Section 3(k)(i), 17, 18, 29, 33, Insecticides Rules, 1971, Rule 27(5) -- Quashing of complaint - Misbranded insecticides - Complaint after more than 6 years from the date when report of public analyst was received i.e. after expiry of period of limitation for taking cognizance - Continuance of proceedings based on such complaint would amount to..........
Criminal Procedure Code, 1973, Section 482, Insecticides Act, 1968, Section 31, 3(k)(i), 17, 18, 33, 39, Insecticides Rules, 1971, Rule 27(5) -- Quashing of complaint - Sanction for prosecution - Offence u/ss 3(k)(i), 17, 18, 33, 39 of Insecticides Act and R.27(5) of Insecticide Rules - In complaint, petitioners not impleaded as accused in their individual capacity, only..........
Criminal Procedure Code, 1973, Section 482, Insecticides Act, 1968, Section 3(k)(i), 17, 18, 29, 33, Insecticides Rules, 1971, Rule 27(5), 29(1)(A) -- Quashing of complaint - Delay in filing of complaint - Offence u/ss 3(k)(i), 17, 18, 29, 33 Insecticides Act and Rr.27(5), 29(1)(A) of Rules - Sample sent for a second laboratory test on request of accused - Is of no help..........
Insecticides Act, 1968, Section 24(3), (4), 21, 22 -- Misbranded insecticide - Right of accused to send sample for analysis to CIL - As per S.24(4) of the Act report of CIL shall be conclusive evidence of facts - Where complaint is filed on basis of report of CIL, accused cannot ask for analysis of sample already used at instance of person from it is taken...........
Insecticides Act, 1968, Section 22(6) -- Delay of 4 days in sending samples - Non-compliance of S.22(6) of the Act is fatal to prosecution case...........
Insecticides Act, 1968, Section 30(3) -- Liability of dealer - There is no allegation that seals were tampered or packing were not properly stored - Even, complaint is conspicuously silent about said allegations - Moreover, samples were drawn from original packing - Provision of S.30(3) of the Act duly attracted - Proceedings against petitioner set aside - Petition..........
Insecticides Act, 1968, Section 24(4) -- Insecticide - Sample - Re-analysis of second sample - Accused who avails such right must bear the expenses of the test or analysis to be made by the Central Insecticides Laboratory...........
