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Thursday, July 1, 2010

Insecticides Act, 1968

Insecticides Act, 1968
S.3(k) (i), 17, 18, 29 & 33--Insecticide Rules, 1971, R.27(5)--Quashing of complaint--Misbranding of sample--Sample of insecticide taken from original packing by Insecticide Inspector--Nothing on record that insecticide of which sample was drawn was not stored in same state--Sample not tempered with--Petitioner being dealer/distributor cannot be held liable--Complaint qua petitioner quashed.; Ramesh Kumar & Ors. v. State of Punjab, ; 2010(1) Law Herald (P&H) 810
S.30(3)--Misbranding--If sample is taken from the original packing of the manufacturer and stored for sale in the same condition, the dealer/distributor is entitled to get protection under Section 30(3) of the Act, if the substance/sample drawn was in its original condition.; Ramesh Kumar v. State of Punjab, ; 2010(1) Law Herald (P&H) 810