Criminal trial -- Murder by poisoning - Evidence of person from whose shop accused purchased insecticide - Trial Court not justified in discarding his evidence merely because name of accused not mentioned in bill - No requirement of mentioning name of purchaser of insecticide in the bill...........
Consumer Protection Act, 1986, Section 2(1)(f), 13(1) -- Defect - Insecticide - BHC 10% - Use of this insecticide banned on fruits and vegetables - Sample of goods not obtained from complainant as per mandatory requirement of Section 13(1) of the Act - Application from the appellants for sending sample of the insecticide in dispute for chemical examination opposed by the..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Complaint under Sections 29(1)(a)/17(1)(a) of the Insecticide Act, 1968 - Sample taken in sealed packing from the original pack - No allegation in the complaint that the dealer could know if they had exercised little care or diligence that the insecticide was misbranded - No allegation in the complaint..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 30(3) - Question of facts - Quashing proceedings - The defence which are taken by the dealer u/S.30(3) of the Insecticides Act are the defences of facts, which can only be proved by leading evidence before the Magistrate and inquiry cannot be embarked upon by the High Court while exercising the..........
Criminal Procedure Code, 1973, Section 482 -- Complaint under Sections 3(K)(i), 17, 18, 29 and 33 of Insecticide Act, 1968 - Summoning order - Petition for quashing - Summoning order received after the shelf life of the product expired - Held that there is no contravention to the fact that by the time the petitioners were served, the shelf life of the product had expired...........
Criminal Procedure Code, 1973, Section 482 -- read with Article 227 of the Constitution of India - Insecticide Act, 1968, Sections 3(K)(i), 17, 18, 29 and 33 - Insecticide Rules, 1971 - Rules 10, 16, 18, 19 and 36 - Sample - Complaint - Petition for quashing - The State raising a moot point of fact by urging that it is a matter yet to be decided by evidence that whether..........
Constitution of India, 1950, Article 227 -- Criminal Procedure Code, 1973, Section 482 -Insecticide Act, 1968 Sections 3(k)(1), 17, 18, 29 and 33 - Insecticide Rules, 1971 - Rule 27(5) - Complaint - Quashing & Sample of Insecticide drawn on 15.02.1994 the expiry date of which was December, 1994 - Sample failed - Petitioner submitting detailed reply dated 26.04.1994 -..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 24 - Sample - Once the accused is deprived of his right of getting the sample analyzed in accordance with the provisions of the Act, such default shall prove fatal to the case of the complainant...........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968 - Sections 3(k)(1), 17, 18, 29 and 33 - Offence by companies - Complaint - Sanction to prosecute - Petition for quashing - Merely granting a sanction to prosecute the Company does not imply that it is a sanction to prosecute all partners in case of a partnership firm or any of the employees...........
Insecticides Act, 1968, Section 24 -- Report of Insecticide Analyst - Under provisions of Section 24 there are two rights available with the concerned person. He may request after notice for the second sample to be tested or may request the Court of the second sample to be sent for reanalysis to the Central Insecticide Laboratory. The second option can be exercised after..........
