Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Insecticides Act, 1968

Thursday, August 05, 2010
Insecticides Act, 1968

Insecticides Act, 1968 — Section 33(1) — Negotiable Instruments Act, 1881, Section 141(1) — In the case of Monaben Ketanbhai Shah & Another v. State of Gujarat & Others (2004) 7 SCC 15, it has been held that provision contained in section 141(1) of the Negotiable Instruments Act, 1881 is para materia to section 33(1) of the Insecticides Act, 1968.

 
Insecticides Act, 1968

Insecticides Act, 1968 — Section 33 — Offence by a company — Complaint against — Held, it is imperative to specifically aver in the complaint that the accused was in charge of and was responsible for the conduct of business of the company — Unless clear averments are specifically incorporated in the complaint, the respondent cannot be compelled to face the rigmarole of a criminal trial — Appeal dismissed. 

 
Sunday, August 01, 2010
Insecticides Act, 1968

Insecticides Act, 1968 — Section 24(3) and (4) — Expression “the intention to adduce evidence in controversion of the report” — Held, the Legislature has used similar expression i.e. the intention to   adduce evidence in controversion of the report  in both sub-section(3) and sub-section(4) of Section 24 of the Act, hence both the expression has to be given one and the same meaning.

 
Insecticides Act, 1968

Insecticides Act, 1968 — Section 24(3) — Report of the Insecticide Analyst — Held, notification of an intention to adduce evidence in controversion of the report takes out the report of the Insecticide Analyst from the class of  conclusive evidence contemplated under sub-section(3) of Section 24 of the Act.

 
Insecticides Act, 1968

Insecticides Act, 1968 — Section 24(3) — Report of the Insecticide Analyst — Held, can be challenged on various grounds but accused can not be compelled to disclose those grounds and expose his defence and he is required only to notify in writing his intention to adduce evidence in controversion — The moment it is done conclusive evidentiary value of the report gets denuded and the statutory right to get the sample tested and analysed by the Central Insecticides Laboratory gets fructified.

 
Insecticides Act, 1968

Insecticides Act, 1968 — Section 24(4) — Power to send the sample for analysis to the Central Insecticides Laboratory — Held, intention of adducing evidence in controversion of the Insecticide Analyst report clothes the Magistrate the power to send the sample for analysis to the Central Insecticides Laboratory either on its own motion or at the request of the complainant or the accused.

 
Insecticides Act, 1968

Insecticides Act, 1968 — Shelf life of an insecticide — Held, is relevant — There is no escape from the conclusion that shelf-life of  an insecticide shall have its bearing when it is tested or analysed in the laboratory.

 
Insecticides Act, 1968

Insecticides Act, 1968 — Shelf life of the sample of insecticide — Expired prior to the filing of the complaint — Held, valuable right of the appellant to adduce evidence in contraversion of the report by sending the sample for analysis and report to Central Insecticides Laboratory has been defeated — Appeal allowed — The impugned judgments of the High Court as also that of the Chief Judicial Magistrate refusing to discharge the appellant are set aside and the appellant is discharged of its criminal liability.

 
Insecticides Act, 1968

Insecticides Act, 1968 — Section 31 readwith Section 24(3) and (4) — Time-schedule for lodging a complaint — Held, section 24(3) and (4) of the Act obliges the Insecticide Analyst and Central Insecticides Laboratory to make the test and analysis and report within thirty days — When 30 days is good enough for report, there does not seem any justification not to lodge complaint within 30 days from the receipt of the intimation from the accused and getting order for sending the sample for test and analysis to the Central Insecticides Laboratory — All who are entrusted with the implementation of the provisions of the Act, would be well advised to act with promptitude and adhere to the time-schedule, so that innocent persons are not prosecuted and real culprits not left out.

 
Insecticides Act, 1968

Insecticides Act, 1968 — Section 24(3) and (4) — Held, mere notifying intention to adduce evidence in controversion of the report of the Insecticide Analyst confers on the accused the right and clothes the court jurisdiction to send the sample for analysis by the Central Insecticides Laboratory and an accused is not required to demand in specific terms that sample be sent for analysis to Central Insecticides Laboratory — Mere intention to adduce evidence in controversion of the report, implies demand to send the sample to Central Insecticides Laboratory for test and analysis.

 
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