In Brief
An insecticide manufacturer challenged the criminal prosecution instituted under the Insecticides Act, 1968 for selling a misbranded product. The appellant contended that the spare sample was sent to the Central Insecticides Laboratory for analysis before the formal complaint was filed, depriving them of their statutory right to request such analysis before a Magistrate. The Court held that the Insecticide Inspector is competent to send samples to the CIL at the request of the person from whom the sample was collected, independent of formal complaint filing. As the dealer had already exercised this right, the manufacturer could not subsequently claim deprivation thereof. The appeal was dismissed as the statutory procedure had been properly followed.
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