Procedure to be followed by Insecticide Inspectors
Section 22 of the Insecticides Act, 1968 deals with procedure to be followed by Insecticide Inspectors. Where an Insecticide Inspector seizes any record, register or document under clause (b) of sub-section (1) of section 21, he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof. The Act came into force on 01 Mar 1971.
(1) Where an Insecticide Inspector seizes any record, register or document under clause (b) of sub-section (1) of section 21, he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof.
(2) Where an Insecticide Inspector takes any action under clause (d) of sub-section (1) of section 21--
(a) he shall use all dispatch in ascertaining whether or not the insecticide or its sale, distribution or use contravenes any of the provisions of section 18 and if it is ascertained that the insecticide or its sale, distribution or use does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock seized;
(b) if he seizes the stock of the insecticide he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof;
(c) without prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the insecticide, he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order and in case where the Insecticide Inspector has seized the stock of insecticide, he shall, as soon as may be, inform a Magistrate and obtain his orders as to the release thereof.
1 [(3) Where an Insecticide Inspector takes any sample of an insecticide, he shall issue a receipt therefor stating therein that the fair price of such sample shall be tendered if the sample, after test or analysis is not found to be misbranded and the Insecticide Analyst has reported to that effect and on such price having been tendered may require a written acknowledgement therefor.]
(4) 2 *** where the Insecticide Inspector seizes the stock of any insecticide under clause (d) of sub-section (1) of section 21, he shall tender a receipt therefor in the prescribed form.
(5) Where an Insecticide Inspector takes a sample of an insecticide for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall divide the sample into three portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked:
Provided that where the insecticide is made up in containers of small volume, instead of dividing a sample as aforesaid, the Insecticide Inspector may, and if the insecticide be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three of the said containers after suitably marking the same and, where necessary, sealing them.
(6) The Insecticide Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it and shall retain the remainder and dispose of the same as follows:--
(i) one portion or container, he shall forthwith send to the Insecticide Analyst for test or analysis; and
(ii) the second, he shall produce to the court before which proceedings, if any, are instituted in respect of the insecticide.
Section 22, The Insecticides Act, 1968 (Act 46 of 1968).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sri Kiran Kumar S H & Anr. v. Agricultural Officer & Insecticide Inspector & Anr.
Court's Decision & Legal Precedent
Karnataka HC quashed Insecticides Act prosecution (ss.9/13/3(k)/29) where Insecticide Inspector failed to furnish the Analyst report with the show-cause notice and lodged the private complaint more than three years later after shelf-life expiry, depriving accused of the statutory right to send the sample to the Central Insecticide Laboratory under s.24(4); Court applied Unique Farmaid and mapped the Inspector sampling pathway through s.22 procedure (portion to analyst / portion to court). DATE VERIFIED Final Order 2025-04-21 (order-1.pdf).
On this section: s.22 Procedure of Insecticide Inspectors — sampling/report pathway must preserve accused's s.24 reanalysis right; delayed complaint after expiry + non-furnishing of report vitiates prosecution.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 22
What have the courts held on Section 22 of the Insecticides Act?
Sri Kiran Kumar S H & Anr. v. Agricultural Officer & Insecticide Inspector & Anr. (21 Apr 2025) is the leading judgment on this section among those set out below: s.22 Procedure of Insecticide Inspectors — sampling/report pathway must preserve accused's s.24 reanalysis right; delayed complaint after expiry + non-furnishing of report vitiates prosecution.
How do I find court cases under Section 22 of the Insecticides Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Insecticides Act 1968 22, section 22 Insecticides Act 1968, section 22 of the Insecticides Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sri Kiran Kumar S H & Anr. v. Agricultural Officer & Insecticide Inspector & Anr. (21 Apr 2025).
What should I read with Section 22 of the Insecticides Act, and has it changed?
Its own text turns on section 18 (Prohibition of sale, etc., of certain insecticides), section 21 (Powers of Insecticide Inspectors), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 22 of the Insecticides Act come into force?
Section 22 of the Insecticides Act, cited as Insecticides Act 1968 22, came into force on 01 Mar 1971, having been enacted on 02 Sep 1968. It is in force as at the date shown on this page.
Other sections of this Act
- 36. Power of Central Government to make rules798 words
- 3. Definitions710 words
- 9. Registration of insecticides697 words
- 4. The Central Insecticides Board591 words
- 29. Offences and punishment437 words
- 21. Powers of Insecticide Inspectors428 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.