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GURPAL SINGH AHLUWALIA
Vishesh Bansal (M. D. ) S/o Tarun Kumar Bansal – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
1. It is submitted by counsel for the applicants that except the date of report of the Insecticide Analyst and date of the applications, by which, intention to adduce evidence in contraversion of the report of Insecticide Analyst, all other questions of law are identical and in all the cases, application under Section 24 (3) of the Insecticide Act was filed within a period of 28 days from the date of report of Insecticide Analyst.
2. Accordingly, by this common order, M.Cr.C.No.99/2021, M.Cr.C.No. 103/2021, M.Cr.C.No.106/2021 and M.Cr.C.No.109/2021 are being decided.
3. For the sake of convenience, the facts of M.Cr.C.No.52793/2020 are taken into consideration.
4. This application under Section 482 of Cr.P.C. has been filed seeking the following relief :-
5. It is submitted by counsel for the applicants that applicant no.1 is Managing Director of Vizien Organics, Delhi and applicant no. 2 is working as Quality Controller, in Vizien Or
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.
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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.
The manufacturers of insecticides have a right to retest the insecticides by the CIL under Section 24(4) of the Insecticides Act, 1968, and if they are deprived of this right, the proceedings against....
The court emphasized the strict adherence to statutory provisions regarding the timeline for re-testing under the Insecticides Act, asserting that non-compliance invalidates the complaint.
The main legal point established in the judgment is that the period of limitation for filing a complaint under the Insecticides Act commences from the date of receipt of the analyst's report, and the....
The judgment establishes that the failure of the prosecution to adhere to statutory requirements, particularly regarding the right to contest the Government Analyst's report, can lead to the quashing....
Seizure of sub-standard quality of drug – When report of Government Analyst itself is shrouded in serious suspicion and it is not sure as to whether report of Government Analyst relates to sample lif....
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