Search Results for "Retesting Right"

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Search Results for "Retesting Right"

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High Court

Bombay High Court Dismisses State's Petition Challenging Rejection of Application for Resending Remand Application in NDPS Case — Revision Petition Time-Barred and Writ Not Maintainable. The court held that the order rejecting the application for resending the remand application was not an interlocutory order, but the revision petition was filed beyond the limitation period of 90 days under Article 131 of the Limitation Act, 1963, and no condonation of delay was sought, hence the revision was not maintainable.

26 Jul 2018

The State of Maharashtra, through the DCB CID Unit I, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of...

High Court

Bombay High Court Quashes Criminal Complaint in Drugs and Cosmetics Act Case Due to Violation of Statutory Right Under Section 25(4) — Delay in Filing Complaint After Expiry of Shelf Life Deprives Accused of Right to Get Sample Tested from Central Drugs Laboratory.

15 Dec 2025

The petitioners, a pharmaceutical company and its directors/employees, were accused in a criminal complaint filed by the Drug Inspector under the Drug...

High Court

High Court Quashes Criminal Prosecution in Drugs & Cosmetics Act Case Due to Procedural Violations and Non-Compliance with Statutory Mandates. Prosecution was invalidated because of inordinate delay in sample testing, failure to dispatch sample portion to manufacturer depriving retesting right, and improper cognizance by Special Judge without committal under Section 193 CrPC, under Section 27(d) of Drugs & Cosmetics Act, 1940.

24 Mar 2026

The High Court of Judicature at Bombay, in its criminal appellate jurisdiction, adjudicated a writ petition under Article 227 of the Constitution of I...

High Court

Bombay High Court Quashes Summons in Seeds Act Case for Non-Compliance with Mandatory Sampling Procedure. Failure to Give Notice Under Rule 7(1) of Seeds Rules, 1968 Before Drawing Sample Renders Prosecution Invalid.

3 Mar 2015

The petitioners, Vishwas Pandhari Khuje, Rajendra Bhikanrao Deshmukh, and Ramdas Dnyandev Kadam, filed a Criminal Writ Petition before the Bombay High...

Supreme Court

Supreme Court Quashes Blacklisting of Drug Manufacturer for Supplying Sub-Standard Cream Due to Reliance on Erroneous Test Report. Appellate Lab Report Under Section 25(4) of Drugs and Cosmetics Act, 1940 Held Conclusive, Ignoring It Renders Decision Perverse.

1 Jan 2020

The appellant, Medipol Pharmaceutical India Pvt. Ltd., supplied Clotrimazole Cream 1% 15 gm tubes to the respondent, Post Graduate Institute of Medica...

Supreme Court

Supreme Court Allows Appeal in Misbranded Food Case Due to Denial of Right to Re-test Sample Under Section 13(2) of Prevention of Food Adulteration Act, 1954. The court held that the right to get a sample analysed by the Central Food Laboratory applies to misbranded food articles and denial of this right due to prosecution's negligence vitiates proceedings.

29 Nov 2019

The appeal arose from a judgment of the High Court of Madhya Pradesh dismissing the appellant's application under Section 482 CrPC for quashing an ord...

High Court

High Court Quashes Criminal Proceedings in Seeds Act Case Due to Non-Compliance with Mandatory Sampling Procedure. Failure to Follow Section 14(2) of Seeds Act, 1966 Renders Prosecution Invalid.

3 Nov 2017

The applicants, Ajeet Seeds Ltd., M/s Bhushan Agro Agencies, and M/s Bharatkumar Purushottam Potdar, filed a criminal application under Section 482 of...

Supreme Court

Supreme Court Upholds Conviction in Food Adulteration Case Despite Procedural Lapses. Substantial Compliance of Section 13(2) of Prevention of Food Adulteration Act, 1954 Sufficient When No Prejudice Caused.

23 Jul 2019

The appellant Vijendra was convicted under Section 7(1)/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for selling adulterated buffalo m...

Supreme Court

Supreme Court Allows Appeal by Oil Corporation, Upholds Termination of Dealership for Violation of Marketing Discipline Guidelines. Stock Variation and Sample Failure Constitute Critical Irregularities Justifying Termination Under Clause 8.2 of MDG 2012.

1 Jan 2019

The Supreme Court allowed the appeal filed by Indian Oil Corporation Ltd. and others against the judgment of the Gauhati High Court which had set asid...

High Court

Bombay High Court Quashes Criminal Case Against Seed Company for Delay in Prosecution After Expiry of Seed Shelf Life — Right to Get Sample Tested from Central Seed Laboratory Under Section 16(3) of Seeds Act, 1966 Violated. The court held that the valuable right of the accused under Section 16(3) of the Seeds Act, 1966 to have the sample tested by the Central Seed Laboratory was infringed because the prosecution was filed after the expiry of the shelf life of the seeds, and such infringement vitiates the prosecution.

16 Jan 2015

The applicants, including the Managing Director of Mahyco Seeds Limited (now Maharashtra Hybrid Seed Company Limited), the company itself, and a propr...

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