Court : Rajasthan
Reported in : 1998CriLJ3593; 1998(3)WLC373; 1997WLC(Raj)UC682; 1998(1)WLN305
..... of m/s. rallis india limited and therefore, it should be presumed that they were incharge of the affairs of the company for the purpose of sub-section (3) of section 33 of the insecticides act, 1968 and in any case it may be presumed that the alleged offence was committed with their consent or connivance or on account of their neglect as contemplated by ..... complaint in the court of chief judicial magistrate, bhilwara against m/s. kotri charbhujanath kraya vikraya sahkari samiti ltd. and ors. and alleged therein the commission of offence punishable under section 29(1)(ka) of the insecticides act, 1968. on the basis of that complaint, the learned chief judicial magistrate by his order dated 22nd february '95 took cognizance of the offence under .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991CriLJ2645; 1992(1)WLC284
..... . 615/86) decided on 16-10-87 at jaipur bench, and (iii) the report was not delivered within 60 days thus it is violative of the provisions of section 24 of the insecticides act and the entire proceedings against the petitioners amount to abuse of the process of the court.4. mr. v.s. choudhary, learned public prosecutor has opposed these arguments and ..... reported to be misbranded. shri kundan singh gil, ex. district agriculture officer, hanumangarh after obtaining necessary sanction against the petitioners filed a complaint for the offence under section 29(1)(a) of the insecticide act on 25-9-82. the learned magistrate dismissed the complaint on 25-1-86. being aggrieved by the order, the state filed a revision which was allowed by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ618; 1995(1)WLC124
..... well as the dealer were directed to show cause as to why proceedings for cancellation of their registration and licence be not initiated under the provisions of the insecticides act, 1968 (in short, 'the act') and the insecticides rules, 1971 (in short 'the rules'). (iii) the petitioner-company in its reply dated 21-1-91, inter alia, asserted that the report of ..... product. therefore, they have been deprived of an important and valuable right to get the sample re-analysed by the c.i.l. under section 24(4) of the act and that the insecticide inspector was also not authorised to send the sample to the c.i.l in the first instance and pray that the criminal proceedings initiated against ..... or in its discretion at the request of either of the complainant or the accused to the c.i.l. the work 'accused' used in sub-section (4) of section 24 of the act is wide and comprehensive and includes the dealer from whom the sample was taken, or the manufacturer or any other person arrayed as accused in the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC653
..... insecticide act, 1968 (for short 'act'), criminal complaint was filed by the insecticide inspector (respondent no.2) before addl. chief judicial magistrate bhawani mandi on 27.7.1995 against the dealer (from whom the sample of insecticide was taken by the respondent no.2), distributor and manufacturing company so also their directors & managers for violation of sections ..... under section 31 of the act. with due respect. i am of the considered opinion that quashing of criminal proceedings in complaints of menace arising from contamination with insecticides, at the out set, would itself be an abuse of process of law defeating the object of statute i.e. the insecticides act by ..... ), and not by other co-accused atleast the dealer from whose shop the insecticide sample was taken by the inspector (respondent no.2), because under sub section (3) of section 24 of the act the report signed by an insecticide analyst shall be conclusive evidence only against a person from whom the sample had .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLN658; 2002(3)WLN658
..... complaint, which the prayer that the proceedings of criminal case no. 162/87 state v. thakar das rajendra kumar and ors. for the offence under section 2, 18/29 of the insecticides act, 1968 (hereinafter referred to as the act of 1968') pending in the court of judicial magistrate, first class, anoopgarh (sri ganganagar) be quashed.2. it arises in the following circumstances;-on 18.4 ..... by the insecticide analyst, the dates of manufacture of the article and the expiry date are mentioned. it means the expiry date of sample is very much material in deciding such type of matters.11. section 30 of the act of 1968 provides for defences which may or may not be allowed in prosecution under the act of 1968. section 30(1) of the act of 1968 only prescribes .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj423; 2002(3)WLC198; 2002(3)WLN681
..... the petitioners, who are manufacturers with the prayer that the proceedings of state v. kumawat krishi sewa kendra and ors., for the offence punishable under section 29(1)(a) of the insecticides act, 1968 (hereinafter referred to as 'the act of 1968') pending in the court of chief judicial magistrate, bhilwara be quashed.2. it arises in the following circumstances :-on 16.8.1996, a complaint ..... by the insecticide analyst, the dates of manufacture of the article and the expiry date are mentioned. it means the expiry date of sample is very much material in deciding such type of matters.11. section 30 of the act of 1968 provides for defences which may or may not be allowed in prosecution under the act of 1968. section 30(1) of the act of 1968 only prescribes .....
Tag this Judgment!Court : Rajasthan
Reported in : [2002(92)FLR813]; RLW2003(3)Raj1565; 2002(4)WLN154
..... that the proceedings of criminal case no. 77a/91 state v. merta krishak kraya vikrya sahakari samiti, merta city and ors. for the offence under section 29 of the insecticides act, 1968 (herein-after referred to as 'the act of 1968') pending in the court of judicial magistrate first class, merta city be quashed.2. it arises on the following circumstances:-on 5.7.1991, a ..... the complainant or the accused, as the court shall direct.'8. section 21 of the act of 1968 empowers the insecticide inspector to take samples of any insecticide and send such samples for analysis to the insecticide analyst for test in the prescribed manner and as per sub-section (5) of section 22-of the act of 1968, he shall divide the sample into three portions and effectively seal and .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1681; 2002(5)WLN59
..... against the order of the learned judicial magistrate, first class, gharsana in criminal original no. 478/94 dated 19th october, 94 taking cognizance against the petitioners under section 29 of the insecticides act, 1968 (in short, 'the act') hereinafter) and the present petitioners alongwith other accused were summoned. 2. heard mr. m.k. garg, learned counsel for the petitioner and mr. d.d. kalla, learned ..... . the insecticides act, 1968 is a central act, which has been enacted to regulate the import, manufacture, sale, transport, distribution arid use of insecticides with a view to prevent risk to human beings or animals and for matters connected therewith. 24. section 17 of the act prohibits of import and manufacture of certain insecticides enumerated therein and section 18 prohibits of sale etc. of certain insecticides mentioned in the section. section 20 .....
Tag this Judgment!Court : Rajasthan
Reported in : [2001]121STC102(Raj); 2001(4)WLC710
..... the schedule must be construed independent of any definition given under any other statute. in that case, the madras high court was considering whether the expression 'pesticides and insecticides' does not include 'weedicides and fungicides' or 'gramoxone' (a brand of weedicide). the assessee claimed exemption on a turnover representing second sales of 'gramoxone'. the ..... the drug bears any statement, design or device which makes any false claim for the drug of which is false or misleading in any particular. section 18 of the act prohibits any person to manufacture and sell certain drugs. it clearly lays down that no person shall himself or by any other person on his ..... the schedule must be construed independent of any definition given under any other statute. in support of this contention, he placed reliance on commissioner of sales tax v. voltas limited [1968] 22 stc 185 (bom), porritts & spencer (asia) ltd. v. state of haryana [1978] 42 stc 433 (sc) ; (1979) 1 scc 82 and associated agencies .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002CriLJ408; 2002(2)WLN243
..... manufacturers with the prayer that the proceedings of criminal case 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 be quashed.2-3. it arises in the following circumstances :--on 14 ..... .c.for the reasons stated above, this petition filed by the petitioners under section 482, cr. p.c. is allowed and the proceedings of criminal case 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 pending in the court of addl. chief judicial magistrate, sangaria, so far as .....
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