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GAURANG KANTH
Dhanuka Agritech Ltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
[Gaurang Kanth, J.]
1. Present writ petition has been preferred under Article 226 of the Constitution of India, inter alia, assailing order dated 10.09.2021 (“Impugned Order”) passed by Respondent No. 2/Appellate Authority, rejecting appeal-cum-Revision Petition No. 12 of 2021 under the Insecticides Act, 1968 (“the Act”). The Petitioner had preferred the aforesaid appeal against the decision (“impugned decision”) of the Registration Committee (“RC”) taken at the 430th meeting held on 23.07.2021, as modified by Agenda item 1.0 of its 431st meeting held on 27.08.2021. Vide this impugned decision, registration certificate was granted to Respondent no.4 under Section 9(3) of the Act for import of Halosulfuron methyl technical 98% min. and for indigenous manufacture of formulation Halosulfuron methyl 75% WG.
FACTS RELEVANT FOR THE ADJUDICATION OF PRESENT MATTER
2. The Petitioner is a registered company, being granted registration under Section 9(3) of the Act for import of Halosulfuron methyl 75% WG formulation from M/s. Nissan Chemical Industries Ltd., Kowa-Hitotsubashi Buildi
The main legal principle established is that under the Insecticides Act, a change in the source of import for a registered molecule requires the application to be made under Section 9(3) and not Sect....
The absence of fraudulent intent and the availability of alternative remedies under the Insecticides Act preclude criminal liability under IPC Section 420.
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.
Interim order deciding merits without counter-affidavit is appealable judgment under Letters Patent; Sections 9(3) and 9(3B) of Insecticides Act apply distinctly.
Delay in prosecution unjustly denies manufacturers the right to evidence, leading to quashing of complaints against directors lacking direct involvement in misbranding offenses.
The main legal point established in the judgment is that the commencement of the period of limitation for filing a complaint under the Insecticides Act, 1968, is determined from the date of receipt o....
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