Court : Delhi
..... counsel for the petitioner and learned app for the state.9. section 22 of the act prescribes the procedure to be followed by insecticide inspector when he takes any sample of insecticide. the relevant sub-section (6) of section 22 of the insecticides act, 1968 is as under: 22. procedure to be followed by insecticide inspectors (1) where an insecticide inspector seizes any record, register or document under clause (b) sub ..... hundred) to which none of the accused replied.3. consequently, respondent no.2 filed a complaint before the trial court under section 200 cr.pc for the offence under section 29 (1) (a) of the insecticides act 1968 (hereinafter referred to as the act ) on 21.10.2013 on the basis of which the trial court took cognizance and issued summons to the petitioner on 16 .....
Tag this Judgment!Court : Delhi
..... counsel for the petitioner and learned app for the state.9. section 22 of the act prescribes the procedure to be followed by insecticide inspector when he takes any sample of insecticide. the relevant sub-section (6) of section 22 of the insecticides act, 1968 is as under: 22. procedure to be followed by insecticide inspectors (1) where an insecticide inspector seizes any record, register or document under clause (b) sub ..... hundred) to which none of the accused replied.3. consequently, respondent no.2 filed a complaint before the trial court under section 200 cr.pc for the offence under section 29 (1) (a) of the insecticides act 1968 (hereinafter referred to as the act ) on 21.10.2013 on the basis of which the trial court took cognizance and issued summons to the petitioner on 16 .....
Tag this Judgment!Court : Patna
..... noted. subsequently, a show cause notice dated 1.10.2007 was issued to the petitioner by the director, agriculture in which the violation of the insecticides act, 1968 and the insecticides rules, 1971 was delineated on as many as 14 counts. the petitioner replied to the said show cause on 4.12.2007. in the meantime, ..... the fact that the petitioner had been operating its business without licence after december, 2004, which was in utter violation of the relevant provisions of the insecticides act and for the said reasons, the order of the director was confirmed and the representation of the petitioner was rejected.3. learned counsel for the ..... order dated 19.3.2008 (annexure-2 ) passed by the director, agriculture, bihar, by which the licence granted to the petitioner under section 13 of the insecticides act for manufacture of insecticides has been cancelled and further for consequential directions.2. the facts relevant for consideration of the present matter are that the petitioner was granted .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2000)(115)ELT546TriDel
..... curing a disease.2.3 he emphasised that licel is an insecticide and is registered under the insecticides act, 1968. section 3 of the said act defines insecticides as including any preparation containing a notified substance. licel contains malathion which is notified under the insecticides act; under section 5, registration is to be granted by a board which includes ..... the ld. counsel finally submitted that pharmasia case is distinguishable since mediker was manufactured under drug licence whereas the impugned product licel is manufactured under insecticides act; that the issue in pharmasia case was whether medikar was classifiable under chapter 30 or 33 of ceta and not under chapter 38; that licel ..... tariff which is governed by different principles and is not to be guided by the fact whether the product is registered under the drugs act or under the insecticides act.3. shri l.p. asthana, ld. advocate submitted that the impugned product is a non-alcoholic natural herbal oil base lice killer. .....
Tag this Judgment!Court : Punjab and Haryana
..... filed for quashing complaint no.669/2 dated 09.08.2008 (annexure p-7) under sections 3(k)(i) 17, 18, 29 and 33 of the insecticide act, 1968 read with rule 27(5) of insecticide rules, 1971 (to be referred in short as 'the act') alongwith summoning order dated 09.08.2008 (annexure p-8).i have heard learned ..... .2008 for various offences falling under the insecticide act, 1968 and order (annexure p-8) summoning the petitioner and others as accused, for 29.10.2008. learned counsel for the petitioner vehemently contended that petitioner moved an application dated 15.02.2008 (annexure p-3) under section 24(4) of the act before chief judicial magistrate within the prescribed ..... judicial magistrate was, thus, set aside. it was directed that the application filed by the petitioner be entertained and sample be sent for retesting under section 24 (4) of insecticide act. the above order of this court should have put the jitender kumar 2013.08.03 15:29 i attest to the accuracy and integrity of this .....
Tag this Judgment!Court : Delhi
..... g. p. mittal, j.1. the petitioners invoke inherent powers of this court under section 482 of the code of criminal procedure, 1973 (cr.p.c.) for quashing of the criminal complaint preferred against them for an offence punishable under sections 29(1) (a) of the insecticides act, 1968 (the act).2. the gravamen of the petitioners challenge before this court is that on 30.01 ..... .1997 respondent no.2 took a sample of mosquito repellant mats having insecticide d-trans allethrin 2% w/w, batch not kpb/105/m, manufacturing date .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... heading no. 38.08. the said circular also referred to itc (hs), wherein it is stated that boric acid is freely importable, if registered and not prohibited for import under insecticides act, 1968. the board also clarified that in case of import of boric acid by traders, they would require registration with cib and rc. in view of the circular, the customs directed ..... for the interpretation of the custom tariff or excise tariff provide as under: classification of goods in this schedule shall be governed by the following principles: 1. the titles of sections, chapters and sub-chapters are "1. provided for ease of reference only; for legal purpose, classification shall be determined according to the terms of the headings and any relative .....
Tag this Judgment!Court : Punjab and Haryana
..... the summoning order on the ground of delay as the samples were sent after a delay of 6 days, which is violative of the mandatory provisions of section 22(6) of the insecticides act, 1968 and the complaint as well as summoning order are liable to be set aside only on this ground as it has been held by the hon'ble suprme ..... cr.p.c. for quashing of complaint no. 230 dated 30.4.2005 (annexure p-1) under sections 3(k)(i), 17, 18, 29 and 33 of the insecticides act, 1968 read with section 27(5) of the insecticides rules, 1971 and the summoning order dated 30.4.2005 (annexure p-2) and all subsequent proceedings arising out of the said complaint.2. notice of ..... for the state has argued that the samples were taken in the presence of the petitioners and the same were drawn in accordance with the procedure laid down in the insecticide act, 1968 and the rules framed thereunder. all the three bags were sealed with the metal seal and one sample was handed over to the petitioners. mr. sra, learned counsel .....
Tag this Judgment!Court : Punjab and Haryana
..... this court to initiate separate prosecution for violation of the insecticides act and the fertilizer (control) order.7. thereafter, having completed all the codal formalities, the appellants were again charged for violation of the provisions of the relevant fertilizer order punishable under section 7 of the e.c.act, by cra no.1266-sb o 5. way of ..... very outset, it may be added here that initially, the special judge had framed a joint charge against the appellants for violation of the provisions of the insecticides act and relevant fertilizer order on 27.1.1995. thereafter, in the wake of decision dated 20.2.1996, rendered in crm not m-20574 of 1995, the ..... from the premises of the appellants without any permit or licence. in this manner, they were stated to have contravened the provisions of the relevant order and insecticides act & rules framed thereunder. in the background of these allegations and on the basis of complaint (ex.p10) of complainant (pw4), the present criminal case was .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1990)97PLR644
..... in the instant case was fake on 27th august, 1987 whereas the complaint was filed by tie insecticide inspector in the court on 15th january, 1988. it was further submitted that the sanction for launching prosecution under section 31(1) of the insecticides act, 1968 was obtained on 3rd february, 1989, i.e. much after the prosecution bad been launched in the court of chief ..... quashment of complaint annexure p-l, filed against the petitioners under sections 17, 18 and 33 of the insecticide act, 1968 consequent proceedings taken thereunder, including the summoning order.2. in brief, the facts relevant for the disposal of this case which emerge from which: emerge from the impugned complaint, are, that the insecticide inspector took sample of nuvar 16% (ddvp 76%) pesticide batch no .....
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