chemical insecticides

Insecticides Act,1968 -It is not disputed that on 30.10.1998, i.e. before the filing of the complaint, Annexure P-1, an application was filed by the manufacturer with a prayer that the complainant be directed to produce the sample in court and the sample may be got analysed from any Laboratory at the cost and expenses of the petitioner. Despite the prayer made in the application, neither the sample was produced in the court, nor was sent for re-testing. Under Sub-section (4) of Section 24 of the Insecticides Act, the court as its own discretion or at the request of the complainant or accused, can cause the sample of Insecticides produced before it to be sent for test or analysis to the Central Laboratory. Admittedly, the sample was not produced for re-analysis, at the request made on behalf of manufacturer, who was co-accused in the complaint and in this way, the petitioner was deprived of his valuable right to get the sample re-analysed. These very grounds prevailed upon the court at the time the complaint qua the manufacturer was quashed in Criminal Misc. No. 3737-M of 1994. Accordingly, the complaint against the petitioner too deserves to be quashed, being an abuse of process of the court.” In view of above settled position of law, entire exercise by the court in violation of accused right vested and conferred under section 24 (3) and (4) of the Act will be futile and fruitless yielding no result in favour of the prosecution. Concludingly, this 482 Cr.P.C. Application is allowed. Prosecution of applicants in case no. 1206 of 2005, State versus Satish Kumar Tyagi and others, under section 29(1) of Insecticides Act,1968 pending before C.J.M., Bijnor is hereby quashed.

HIGH COURT OF JUDICATURE AT ALLAHABAD Reserved AFR CRIMINAL MISC. APPLICATON NO.31053 OF 2009 Bharat Insecticides Ltd. and another…….Applicants. VERSUS State of U.P………………………………..Respondent. Hon’ble Vinod Prasad, J. Bharat Insecticides Ltd. through it’s Zonal Business Manager, Ghaziabad (A1) and it’s Assistant Manager, Manoj Kumar(A2) have invoked inherent power of this court, U/S 482 Cr.P.C., through present … Continue reading →