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

2016 Supreme(P&H) 1750

FATEH DEEP SINGH
Indofil Industries Ltd – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioners:Mr. Goya Sodhi, Advocate and Mr. Ashim Aggarwal, Advocate.
For the Respondent: Mr. C.S. Brar, DAG, Punjab.

JUDGMENT :

FATEH DEEP SINGH, J.

1. This is a petition under Section 482 Cr.P.C. preferred by the petitioners, who are accused before the trial Court and have challenged their prosecution by the respondent-State for having committed offences punishable under Section 3(K)(i) 17, 18, 29, 30 and 33 of the Insecticides Act, 1968 (in short, 'the Act') and Insecticides Rules 1971 (in short, 'the Rules').

2. The brief contentions of the petitioner's side are that there has been gross violation of the mandatory provisions of the Act, especially, Section 22 of the Act which has caused immense prejudice to the case of the petitioners, who were neither served with the report of the Analyst nor were afforded an opportunity to exercise their powers for reanalysing of the spare sample and that the second sample was analysed without institution of any proceedings and, thus, stood vitiated under Section 22(6) (ii) of the Act alleging that the second sample was not produced before the Court before sending it for reanalysing and even termed the arraying of respondents-manufacturers to be contrary to the spirit of Section 33(1) of the Act. Respondent-State did not intend to file reply.

3. Heard, learned c










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