Court : Supreme Court of India
Reported in : AIR1986SC1021; (1986)88BOMLR322; 1986(10)ECC112; 1987(30)ELT45(SC); 1986(1)SCALE297; (1986)2SCC297; [1986]1SCR448
..... ban on the import of goods into india is to be found not only under the imports and exports act, but under other enactments, such as the customs act, the foreign exchange regulation act, the drugs and cosmetics act, and the insecticides act. learned counsel contends that the objective of the orders of the high courts and of this court was to ..... importers and such goods are not considered 'banned' goods. it is urged that the import of goods can be validly prohibited only by an order under section 3 of the imports and exports act, 1947, and learned counsel refers to aminchand mutha's case (supra) and jagannath aggarwal v. b.n. dutta (civil appeal no. 801 of 1964 ..... with joint chief controller of imports & exports, madras v. aminchand mutha etc. : [1966]1scr262 and union of india and ors. v. indo-afghan agencies ltd. : [1968]2scr366 and it should, therefore, be construed as referring to the import of goods into the country and not in relation to the bar placed on an individual to import .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ3806
..... not adulterated, the provisions of article 21 of the constitution are violated. learned counsel has supported his argument by making reference to prevention of food adulteration act, insecticides act and some other enactments where accused is given a right to have the sample tested again. reliance has also been placed upon a decision of a learned ..... report was lodged by dinesh kumar misra, supply inspector, ghatampur against the proprietor of m/s. bhagwandin gaya prasad and the manager sardar husain under sections 3/7 e. c. act and sections 406, 409, 417, 419 and 420 ipc at p.s. ghatampur on the basis of which a case was registered as crime no. 623 ..... for matters connected therewith or incidental thereto. the central government established the bureau of indian standards institution in exercise of power conferred by section 3 of this act. under sub-section (a) of section 10(1), the bureau has been conferred the power to establish, publish and promote in such manner as may be prescribed by the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2019
..... sample was not adulterated, the provisions of article 21 of the constitution are violated. learned counsel has supported his argument by making reference to prevention of food adulteration act, insecticides act and some other enactments where accused is given a right to have the sample tested again. reliance has also been placed upon a decision of a learned single ..... blended. it does not at all deals with the dealers who are selling diesel either through a retail outlet or as a petty diesel dealer. sub-section (1) of section 20 of the petroleum act. 1934, lays down that owner of any petroleum, or his agent, who is dissatisfied with the result of the test of the petroleum may, ..... to have fresh samples of the petroleum taken and tested. this provision gives a right to the owner of petroleum to apply to the officer empowered under section 14 of the act to have fresh samples of the petroleum taken and tested. this clearly envisages taking of a fresh sample and, thereafter, to test it again. it .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ4534; 1999(1)WLC498
..... given in these cases are not relevant in the present case. in both the cases, the accused persons were prosecuted for the offences under section 29 of the insecticides act and not under the drugs and cosmetics act, 1940. the learned counsel for the petitioner has not cited before me any decision under the. drugs and cosmetics ..... and therefore, what is stated by the manufacturer by mentioning the date of expiry, cannot be regarded as a fact within the meaning of evidence act. section 114 of the evidence act is also not attracted to such statements, because the statement made by the manufacturer does not indicate any such common course of natural events, human ..... right. they are required to exercise this right in accordance with the provisions contained in sub-sections (3) and (4) of section 25 of the act. the distinction between sub-sections (3) and (4) of the act is that sub-section (3) of section 25 declares the report of the analysis to be conclusive evidence of the facts stated therein. .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(2)CHN88
..... is liable to be quashed. i have perused the said decision. it appears that the case before the hon'ble supreme court was under the insecticides act, 1968. in the said act there are clear provisions for taking of the sample and sending the same to the public analyst. certain safeguards were also provided in the said ..... decision reported in 2000 c cr. lr (cal) page 444 (supra). this decision shows that there the case was under drugs and cosmetics act, 1940. section 23(4) of the said act clearly provided the procedure to be followed for collection of sample and for sending the same to the public analyst. here in this case, there ..... were released on bail during investigation. after completion of the investigation the o. c., south port police station, calcutta submitted chargesheet alleging that a prima facie case under section 120b/272 ipc was made out against the petitioners and against ganesh prosad. learned metropolitan magistrate, 3rd court, calcutta by his order dated 03.09.97 committed the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1991CriLJ120
..... filed against the present petitioner, and his other co-accused, under sections 17, 18(1)(c) 3(k) and 33 of the insecticides act, 1968 (hereinafter referred to as 'the act').2. in brief, according to the allegations made in the impugned complaint, moved by the insecticide inspector, amritsar, m/s. modern kheti store, 52, hide market ..... , amritsar, deal with pesticide/ insecticides and are holding the licence for the purpose issued ..... the dealer himself cannot seek protection for contravention of the provisions of the act, as contemplated under sub-section (3) of section 30 of the act.14. i am further supported on this point from the definition of the 'dealer' given in insecticides (price, stock display and submission of reports) order, 1986, which, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2004CriLJ2443
..... as an accused because he happened to be the secretary of the company. in the absence of any material connecting the petitioner with the provisions of sub-sections (1) and (2) of section 33 of the insecticides act, 1968, it is clear that prosecution against him would be an abuse of the process of the court. no useful purpose would be served to allow the ..... judge, sirsa, confirming the aforesaid order. the petitioner has also sought quashing of the proceedings qua him and the process issued against him in complaint under section 29(1) of the insecticides act, 1968 (hereinafter referred to as 'the act') and the other consequential proceedings pending in the trial court.2. the brief facts of the case are that a complaint (annexure p-3) under .....
Tag this Judgment!Court : Delhi
Reported in : 1996IIIAD(Delhi)510; 64(1996)DLT73; 1996(37)DRJ623; 1996(88)ELT648(Del)
..... pesticidal chemicals in highly concentrated form would amount to 'manufacture' within the meaning of section 2(f) of the act since it results in the emergence of a new and distinct product having different properties viz pesticide/insecticide fit for direct use. the pesticide chemicals and the formulations will both be classified under heading ..... file any appeal against the judgment of the tribunal and the board merely issued notification dated 27th july, 1995 in exercise of powers under section 37b of the act to order that 'the addition of chemicals and other ingredients like inert carriers or solvents and also surface active dispersing and stablising agents to ..... on 15th april, 1996 where similar challenge to the same circular was made. the learned judges after reproducing the provisions of section 37b of the act came to the following conclusion: 'this section empowers the board to issue circular for the purpose of uniformity in the classification of excisable goods or with respect to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ1865
..... case no. 294/95 titled state v. sohan lal and ors. whereby the learned magistrate has taken cognizance of offences punishable under sections 17(1)(a) and 18(1)(c) read with section 29 of the insecticides act, 1968 (for short 'the act').2. briefly stated the facts giving rise to the present petition are that the petitioner no. 1 is a manufacturer and supplier of ..... insecticides while petitioner nos. 2 and 3 are its directors functioning at delhi. shri ramdas garg, who is proprietor of m/s. aggarwal pesticides .....
Tag this Judgment!Court : Rajasthan
Reported in : 1999CriLJ3794; 1999WLC(Raj)UC494
..... days, deliver to the insecticide inspector submitting it a signed report in duplicate in the ..... after the date of the expiry of the 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 insecticide has been submitted for test or analysis under sub-section (6) of section 22, shall, within a period of sixty .....
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