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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Urmila Joshi-Phalke, Nandesh S.Deshpande
Tajraj s/o Yadorav Chavhan – Appellant
Versus
State of Maharashtra, Through P.S.O, P.S. Duggipar – Respondent
| Table of Content |
|---|
| 1. application for quashing fir regarding banned insecticide. (Para 2 , 3 , 4) |
| 2. arguments regarding misuse of power by inspector. (Para 7 , 8) |
| 3. provisions and implications of insecticides act. (Para 10 , 11 , 12 , 15) |
| 4. importance of evidence in proving sale. (Para 16 , 18 , 19) |
| 5. defense provisions under insecticides act. (Para 20 , 21 , 22 , 23) |
| 6. further analysis of specific infringements. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 7. manifestly mala fide proceedings discussed. (Para 30 , 31) |
| 8. court's final orders issued. (Para 32) |
| 9. conclusion on pending applications. (Para 33) |
JUDGMENT :
: NANDESH S. DESHPANDE, J.
Heard. Admit. Heard finally with the consent of learned Counsel for both the parties.
2. This is an application under Section 482 of the Criminal Procedure Code for quashing and setting aside the First Information Report, vide Crime No.0244/2023, for the offence punishable under 420 of Indian Penal Code and Sections 3 K (v), (vii), 13(1) (2), 17 (1,)(b, c, d), 18(1)(b,c), 27 (1), 29 of Insecticide Act, 1968 and Rules 9(3)(vi), 9(3)(vii), 10 (1) A, 10A(a)(b), 10(4)(i), 10(4)(ii), (iii), 10-D, 15(2), 16, 18(1), 18 (1)(c), 19(7), (8) Insecticides Rules, 1971, and
The court held that mere possession of banned insecticide without evidence of intent to sell does not constitute an offence under the Insecticides Act, reaffirming strict adherence to statutory proce....
A licensed dealer of insecticides is protected under Section 30(3) of the Insecticides Act, 1968, and cannot be penalized without evidence of wrongdoing.
Distributors and dealers cannot be held liable for misbranding if the insecticide was received and sold in its original sealed condition.
The absence of fraudulent intent and the availability of alternative remedies under the Insecticides Act preclude criminal liability under IPC Section 420.
The failure to issue a notice under Section 24(2) of the Insecticides Act violated the applicants' rights to have the sample tested, leading to the quashing of the complaint.
Dealers cannot be held responsible for misbranding under the Insecticides Act when the samples were drawn from sealed containers and there was no evidence of tampering.
Delay in prosecution unjustly denies manufacturers the right to evidence, leading to quashing of complaints against directors lacking direct involvement in misbranding offenses.
The court ruled that the limitation period for filing a complaint under the Insecticides Act begins from the date the Government Analyst's report is received, not from the sample collection date.
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