M/S. RALLIS INDIA LIMITED & ANR. Vs. THE STATE OF MAHARASHTRA & ANR.
HIGH COURT OF BOMBAY (AT: AURANGABAD)
M/S. Rallis India Limited And Anr.
The State of Maharashtra And Anr.
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(1.) The proceeding is filed under Section 482 of the Code of Criminal Procedure and also under Articles 226 and 227 of the Constitution of India to challenge the order made by the learned Judicial Magistrate, First Class, Sillod dated 28-6-2002 by which the Judicial Magistrate has refused to drop the proceeding of Criminal Case No.479/1993 pending before him. This proceeding is filed under sections 29(1)(a), 18(1)(c) of the Insecticides Act, 1966 (hereinafter referred to as "the Act"). The order of the Judicial Magistrate was challenged by filing Criminal Revision No.151/2002 and the revision is dismissed. The said decision is also under challenge and further relief of quashing of the proceeding itself is claimed. Only one ground is raised that in view of late filing of the complaint in the Court, the petitioner accused has lost the right given under section 24(3) of the Act to get second sample tested through the Central Insecticides Laboratory. Both the sides are heard.
(2.) The complaint is filed for offence punishable under sections 29(1)(a), 18(1)(c) of the Act. Accused No.1 is the manufacturer of insecticide (Dimethyl 30% H.C.) (Rogar 30). In this area ordinarily ladies who commit suicide use this insecticide as poison.
(3.) On 12-3-1992 the Insecticide Inspector collected sample of this insecticide from retailer, accused No.3 and sent it for analysis on 13-3-1992. The Insecticide Analyst gave report on 8-5-1992 to the effect that the sample failed and it was misbranded having higher percentage than the prescribed percentage (misbranded under section 3(k)(i) of the Act).;
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