SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1999 Supreme(Raj) 172

G.L.GUPTA
Babulal Agarwal – Appellant
Versus
Associate Director – Respondent


Advocates Appeared:
M.L. Garg, for the Appellant
Chandralekha, Public Prosecutor, for the Respondents

Judgment

G.L. Gupta, J.-In all these Miscellaneous petitions under Section 482, CrPC the question to be considered is whether the proceedings pending against the petitioners, who are manufacturers of the insecticides, should be quashed on the ground that the self life of the insecticide had expired before filing of the complaint against them or before they could be served in the case.

2. Thecontention of Mr. Garg, learned Counsel for the petitioners, was that as the complaints were filed in the Court after the expiry of date of insecticides or the petitioners were served after the said date, the petitioners were deprived of their right of retesting of the insecticide by the Central Insecticides Laboratory under Section 24(4) of the Insecticides Act. Relying on the cases of M/s. Bharat Insecticides Ltd. v. State of Rajasthan 1997 (1) WLC (Raj) 657, Bayer India Ltd. v. State of Rajasthan 1997 WLC (Raj) UC 630, M/s. Agro Chemicals v. State of Rajasthan (S. B. Cr. Miscellaneous Petition No. 577/93) decided on 19-1 1-98, 5. K. Ahuja v. State of Rajasthan 1991 RCC 254 and Agarwal Khad Bhandar v. State of Raj 1993 RCC 607. Mr. Garg submitted that the continuance of the proceedings against


























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top