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May 13 2005

Swastik Pesticides and Chemicals thro' Vijaykumar Vs. the State of Guj ...

Court : Gujarat

Decided on : May-13-2005

Subject : CriminalFood Adulteration

Acts : Insecticide Act, 1968 - Sections 3K, 3K(1), 17, 17(1), 18, 18(1), 21, 22, 22(4), 22(5), 22(6), 24, 24(3), 24(4), 24(5), 29 and 33; Companies Act, 1956; Food Adulteration Act; Drugs and Cosmetics Act; Insecticides Rules, 1971 - Rule 27(5); Code of Criminal Procedure (CrPC) - Sections 258 and 482; Constitution of India - Articles 226 and 227

Reported in : (2005)3GLR2027

and 5) :'3. Despite the request having been made by the petitioner as envisaged under Section 24(3) of the Insecticides Act, 1968 (herinafter referred to as 'the Act'). Admittedly, no sample was sent to the Central Insecticide Laboratory but the … applied for dismissal of the complaint and according discharged the accused-company from the prosecution vide Application Exh.18 on 6th February, 2004. The ld.Chief Judicial Magistrate after hearing the learned counsel representing the accused-company dismissing the application and

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Nov 25 2005

Knight Queen Industries (P) Ltd. Through Its Authorised Signatory Sh. ...

Court : Allahabad

Decided on : Nov-25-2005

Subject : Sales Tax

Acts : Uttar Pradesh Trade Tax Act, 1948 - Sections 3A, 3A(1), 3D, 4, 21 and 21(2); Central Sales Tax Act, 1956 - Sections 7, 8A and 15; Uttar Pradesh Trdde Tax (Second Amendment) Act, 2000; Uttar Pradesh General Clauses Act, 1904 - Sections 21 and 21(2); Insecticides Act, 1968 - Sections 9(4); Uttar Pradesh Sales Tax Act; Gujarat Sales Act, 1969; Orissa Sales Tax Act, 1947 - Sections 6; Central Provinces and Berar Sales Tax (Amendment) Act; Central Excise Act; Kerala General Sales Tax Act, 1963; Constitution of India - Article 136; Insecticides Rules, 1971 - Rule 19(3) and 19(4); Uttar Pradesh Trade Tax Rules, 1948 - Rule 41(1) and 41(7); Customs Act; Allahabad High Court Rules, 1952 - Rule 2; Sales Tax Law

Reported in : [2006]145STC226(All)

are using chemicals for manufacturing the finished goods which have been treated as 'insecticides' under the provisions of the Insecticides Act, 1968 and photostate copies of the Certificate of Registration of the license issued under Section 9(4) of the 'Insecticide' … and it observed :-.The authorities having exempted 'pesticides' from the levy of tax in exercise of powers under Section 6 of the Orissa Sales Tax Act without having any limitation with regard to the kind of pesticides, it

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Jul 16 2008

Northern Minerals Limited Vs. Plant Protection Officer and anr.

Court : Delhi

Decided on : Jul-16-2008

Subject : Criminal

Acts : Insecticides Act, 1968 - Sections 6, 22, 24, 24(2), 24(3), 24(4), 29(1); Code of Criminal Procedure (CrPC) - Sections 200 and 482; Insecticides Rules, 1971 - Rule 34; Constitution of India - Article 227

Reported in : 2008(105)DRJ159

No. 30/01/91 dated 19th January, 1991 filed against it under Section 200 Cr.PC read with Section 29(1)(a) of the Insecticides Act, 1968, be quashed.2. The petitioner is a manufacturer of insecticides. Amongst others, it manufactures the insecticide, Malathion 50% EC. … 1968, its vested right, to seek retest and reanalysis of the insecticide sample produced before the Magistrate under Section 6 and Section 22 of the said Act, has been frustrated, and thereforee the complaint was liable to be

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Sep 05 2001

U.S. Madan and anr. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Sep-05-2001

Subject : Criminal

Acts : Insecticides Act, 1968 - Sections 17(1), 21, 22(3), 22(4), 22(5), 22(6), 24, 24(1), 24(2), 24(3), 24(4) and 29(1); Drugs and Cosmetics Act, 1940 - Sections 32A; Constitution of India - Article 21; Code of Criminal Procedure (CrPC) , 1974 - Sections 482

Reported in : 2002CriLJ408; 2002(2)WLN243

No. 160/83 State v. Kishan Beej Bhandar for the offence under Section 17(1)(a) punishable under Section 29(1)(a) of the Insecticides Act, 1968 (hereinafter referred to as 'the Act of 1968') pending in the Court of Addl. Chief Judicial Magistrate, Sangaria … 2962 may be referred to.17. This Court in Bayer India Ltd. v. State of Rajasthan 1997 WLC UC 630 (Raj) has held that if by the time of appearance of the accused in Court expiry date of

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Jan 17 2003

Mohinder Singh Chauhan S/O Shri Virender Singh Chauhan, Vs. State of H ...

Court : Punjab and Haryana

Decided on : Jan-17-2003

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 482; Insecticides Act, 1968 - Sections 3(K)(1), 17, 22(6), 24, 24(3), 24(4), 29(3) and 33; Insecticides Rules; Companies Act

Reported in : 2004CriLJ2656

the Central Insecticides Laboratory for re-testing as per the provisions laid down under Section 24(3) and 24(4) of the Insecticides Act, 1968 and rules made thereunder.xxxxx8. IT is clear from the above reproduced contents that on receipt of copy of … summons issued by the Chief Judicial Magistrate, Faridabad, was sent to the petitioners through registered post letter No. 665 dated 28.2.2000, and as such, they had very well become aware of the filing of complaint by the

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Nov 03 1993

D.K. Jhaver Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Nov-03-1993

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Insecticides Act, 1968 - Sections 33

Reported in : [1996]87CompCas236(P& H)

quashing complaint annexed as annexure P-1 with this petition, under Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968, read with Rule 27(5) of the Insecticides Rules, 1971, and for quashing consequent proceedings arising therefrom.2. Briefly stated, … Harphul Singh Brar, J. 1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, for … cited Municipal Corporation of Delhi v. Ram Kishan Rohtagi, AIR 1983 SC 67, in order to substantiate his argument.6. For facility of reference, however, the

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Jan 10 2006

Fauji Sewa Centre Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Jan-10-2006

Subject : Civil

Acts : Insecticides Act, 1968 - Sections 17, 18, 18(1), 22(6), 24, 24(3), 24(4), 29 and 33; Drugs and Cosmetics Act, 1940; Prevention of Food Adulteration Act, 1954; Criminla Procedure Code , 1974 - Sections 482

Reported in : 2006CriLJ1386; 2006FAJ246

such the petitioners are said to have committed offences punishable under Sections 17, 18, 29 and 33 of the Insecticides Act, 1968, hereinafter referred to as the Act. Show cause notice dated 9-1-1989 Annexure P/3 was sent to M/s. Goel … and petitioner Nos. 3 to 7, distributors, dealing in the sale of insecticides and pesticides filed petition under Section 482, Cr. P.C. for quashing of the complaint An-nexure P/l dated 14-9-1990 filed by the Insecticides Inspector, Gurdaspur … Annexure P/3 was given to the petitioners vide letter No. 202 dated 6-1-1989. As per the report the weedicide was found to be misbranded and

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Mar 08 1999

Babulal Agarwal and anr. Etc. Vs. Associate Director and ors. Etc.

Court : Rajasthan

Decided on : Mar-08-1999

Subject : Criminal

Acts : Insecticides Act 1968 - Sections 22(3), 22(6), 24, 24(1), 24(2) and 24(4); Code of Criminal Procedure (CrPC) , 1974 - Sections 482

Reported in : 1999CriLJ3794; 1999WLC(Raj)UC494

insecticides, submitted that on the technicalities the trial of the petitioners should not be quashed.4. Section 24 of the Insecticides Act, 1968 reads as follows :-24. Report of Insecticide Analyst.- (1) The Insecticide Analyst to whom a sample of any … Act. Relying on the cases of M/s. Bharat Insecticides Ltd. v. State of Rajasthan 1997 (1) WLC (Raj) 657, Bayer India Ltd. v. State of Rajasthan 1997 WLC (Raj) UC 630, M/s. Agro Chemicals v. State of

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Mar 03 1992

Sh. Hanuman Sharma Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Mar-03-1992

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 482; Insecticide Act, 1968 - Sections 3, 17, 18, 22(6), 29 and 33; Insecticide Rules, 1971 - Rule 27(5)

Reported in : 1993CriLJ124

the present petitioner. The learned Counsel for the petitioner has referred to Sub-section (6) of Section 22 of the Insecticides Act, 1968, which is reproduced as under:-'(6) The insecticide Inspector shall restore one, portion of a sample so divided or

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Sep 21 1999

Mohan Lal Vs. State of Rajasthan

Court : Rajasthan

Decided on : Sep-21-1999

Subject : Criminal

Acts : Insecticides Act, 1968 - Sections 17(1), 22(6), 24, 24(3), 24(4) and 29(1)A; Drugs and Cosmetics Act, 1940 - Sections 25

Reported in : 2000CriLJ2623

petitioner for dropping the proceedings against him pending in his Court under Section 17(1)A r/w Section 29(1)A of the Insecticides Act, 1968.2. Mr. Bhansali, learned counsel for the petitioner, pointing out that the petitioner has been denied the right … JT (SC) 584 : 1998 Cri LJ 3287, Bayer India Limited v. State of Rajasthan 1997 RCC Suppl 692, Pesticides India Limited v. State 1998 Cri LR (Raj) 438, S.K. Ahuja v. State of Rajasthan 1991 RCC

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