Karnataka High Court
B S Suresh Babu vs Mythri on 10 December, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER, 2024 R
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 17894 OF 2024 (GM-RES)
C/W
WRIT PETITION NO. 12686 OF 2023 (GM-RES)
WRIT PETITION NO. 12712 OF 2023 (GM-RES)
WRIT PETITION NO. 12837 OF 2023 (GM-RES)
WRIT PETITION NO. 19455 OF 2023 (GM-RES)
WRIT PETITION NO. 19472 OF 2023 (GM-RES)
WRIT PETITION NO. 19476 OF 2023 (GM-RES)
WRIT PETITION NO. 19618 OF 2023 (GM-RES)
WRIT PETITION NO. 19628 OF 2023 (GM-RES)
WRIT PETITION NO. 19702 OF 2023 (GM-RES)
WRIT PETITION NO. 19754 OF 2023 (GM-RES)
WRIT PETITION NO. 19814 OF 2023 (GM-RES)
Digitally signed
by NAGAVENI WRIT PETITION NO. 18688 OF 2024 (GM-RES)
Location: HIGH
COURT OF
KARNATAKA
IN WP No. 17894/2024
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 45 YEARS,
PROPRIETOR KARNATAKA TRADERS
VENKAMMA COMPLEX,
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND,
-2-
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
D. CHANDRASHEKAR
THE INSECTICIDE INSPECTOR AND
ASSISTANT AGRICULTURAL DIRECTOR,
T.G. EXTENSION, HOSAKOTE TALUK,
BENGALURU RURAL -562 114.
CELL NO. 8277934027
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE CRIMINAL
PROCEDURE CODE 1973 PRAYING TO SET ASIDE THE ORDER
DATED. 17.07.2023 PASSED BY THE HONBLE PRINCIPLE CIVIL
JUDGE AND JMFC, HOSAKOTE REGISTERING THE IMPUGNED
CRIMINAL CASE AS UNCONSTITUTIONAL WHICH IS PRODUCED
AS ANNEXURE-A IN SO FOR PETITIONER CONCERN AND ETC.,
IN WP NO. 12686/2023
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 45 YEARS,
PROPRIETOR KARNATAKA TRADERS
VENKAMMA COMPLEX,
-3-
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND, HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
M. RENUKAPRASANNA
S/O MAHADEV TR.,
AGED ABOUT 38 YEARS,
THE INSECTICIDE INSPECTOR AND
AGRICULTURAL OFFICER,
OFFICE OF ASSISTANT DIRECTOR,
HOSAKOTE TALUK,
BENGALURU-562 114
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO SET ASIDE
THE ORDER DATED 20/11/2021 PASSED BY THE HONBLE
PRINCIPLE CIVIL JUDGE AND JMFC, HOSAKOTE
REGISTERING THE IMPUGNED CRIMINAL CASE IN C.C.NO.
7324/2021 AS UNCONSTITUTIONAL WHICH IS PRODUCED
AS ANNEXURE-A SO FAR AS PETITIONER CONCERN AND
ETC.
IN WP NO. 12712/2023
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 44 YEARS,
PROPRIETOR KARNATAKA TRADERS
-4-
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
VENKAMMA COMPLEX,
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND, HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
H.V. NAGARAJ
S/O H.C. VENKATRAMA,
THE INSECTICIDE INSPECTOR AND
ASSISTANT AGRICULTURAL DIRECTOR,
OFFICE OF ASSISTANT DIRECTOR,
HOSAKOTE TALUK,
BENGALURU RURAL,
BEGALURU-562 114
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO SET ASIDE
THE ORDER DATED DECEMBER 31, 2019 PASSED BY THE
HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, HOSAKOTE
REGISTERING THE IMPUGNED CRIMINAL CASE IN
C.C.NO.2807/2019 AS UNCONSTITUTIONAL WHICH IS
PRODUCED AS ANNEXURE-A AND ETC.
IN WP NO. 12837/2023
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 44 YEARS,
PROPRIETOR KARNATAKA TRADERS
-5-
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
VENKAMMA COMPLEX,
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND, HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
M. RENUKAPRASANNA
S/O MAHADEV TR,
THE INSECTICIDE INSPECTOR AND TECHNICAL
OFFICER,
OFFICE OF ASSISTANT DIRECTOR,
HOSAKOTE TALUK,
BENGALURU-562 114.
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO SET ASIDE
THE ORDER DATED. 31.12.2019 PASSED BY THE HONBLE
PRINCIPAL CIVIL JUDGE AND JMFC, HOSAKOTE
REGISTERING IN CC 2805/2019 THE IMPUGNED CRIMINAL
CASE AS UNCONSTITUTIONAL WHICH IS PRODUCED AS
ANNEXURE-A. IN SO FAR AS PETITIONER CONCERN AND
ETC.
IN WP NO. 19455/2023
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 44 YEARS,
S/O LATE SIDDESHWARAPPA,
-6-
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
PROPRIETOR KARNATAKA TRADERS
VENKAMMA COMPLEX,
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND, HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
RAMANJANEYA M.,
THE INSECTICIDE INSPECTOR AND
AGRICULTURAL OFFICER,
RAITHA SAMPARKA KENDRA,
HOSAKOTE TALUK, BENGALURU RURAL,
BENGALURU - 562 114
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO SET ASIDE
THE ORDER DATED DECEMBER 31, 2019 PASSED BY THE
HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, HOSAKOTE
REGISTERING THE IMPUGNED CRIMINAL CASE CC
2806/2019 AS UNCONSTITUTIONAL WHICH IS PRODUCED
AS ANNEXURE-A SO AS FOR THE PETITIONER CONCERNED
AND ETC.
IN WP NO. 19472/2023
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 44 YEARS,
S/O LATE SIDDESHWARAPPA,
-7-
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
PROPRIETOR KARNATAKA TRADERS
VENKAMMA COMPLEX,
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND, HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
RAMANJENEYA M.,
THE INSECTICIDE INSPECTOR AND AGRICULTURAL
OFFICER,
OFFICE OF ASSISTANT DIRECTOR OF AGRICULTURE,
HOSAKOTE TALUK,
BENGALURU 562 114
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO SET ASIDE
THE ORDER DATED NOVEMBER 20, 2021 PASSED BY THE
HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, HOSAKOTE
REGISTERING THE IMPUGNED CRIMINAL CASE IN
C.C.NO.7325/2021 AS UNCONSTITUTIONAL WHICH IS
PRODUCED AS ANNEXURE-A AND ETC.
IN WP NO. 19476/2023
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 44 YEARS,
PROPRIETOR KARNATAKA TRADERS
VENKAMMA COMPLEX,
-8-
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND, HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
PRAMOD KUMAR H.R.,
THE INSECTICIDE INSPECTOR AND
ASSISTANT AGRICULTURAL DIRECTOR
( IMPLEMENTATION 1),
KRISHI SANKIRNA, BANASHANKARI,
BENGALURU-560 074.
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO SET ASIDE
THE ORDER DATED SEPTEMBER 07, 2021 PASSED BY THE
HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, HOSAKOTE
REGISTERING THE IMPUGNED CRIMINAL CASE IN
C.C.NO.5805/2021 AS UNCONSTITUTIONAL WHICH IS
PRODUCED AS ANNEXURE-A AND ETC.
IN WP NO. 19618/2023
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 44 YEARS,
PROPRIETOR KARNATAKA TRADERS
VENKAMMA COMPLEX,
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND,
-9-
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
MYTHRI
W/O NARAYANASWAMY,
THE INSECTICIDE INSPECTOR AND
AGRICULTURAL OFFICER,
RAITHA SAMPARKA KENDRA,
HOSAKOTE TALUK,
BENGALURU-562 114.
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO SET ASIDE
THE ORDER DATED SEPTEMBER 20, 2021 PASSED BY THE
HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, HOSAKOTE
REGISTERING THE IMPUGNED CRIMINAL CASE IN
C.C.NO.6327/2021 AS UNCONSTITUTIONAL WHICH IS
PRODUCED AS ANNEXURE-A AND ETC.
IN WP NO. 19628/2023
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 44 YEARS,
PROPRIETOR KARNATAKA TRADERS
VENKAMMA COMPLEX,
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND,
- 10 -
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
G.S. JAYASWAMY
THE INSECTICIDE INSPECTOR AND
JOINT DIRECTOR, AGRICULTURE DEPARTMENT,
KRISHI SANKIRNA, BANASHANKARI,
BENGALURU 560 074
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO SET ASIDE
THE ORDER DATED SEPTEMBER 07, 2021 PASSED BY THE
HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, HOSKOTE
REGISTERING THE IMPUGNED CRIMINAL CASE IN
C.C.NO.5806/2021 AS UNCONSTITUTIONAL WHICH IS
PRODUCED AS ANNEXURE-A AND ETC.
IN WP NO. 19702/2023
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 44 YEARS,
PROPRIETOR KARNATAKA TRADERS
VENKAMMA COMPLEX,
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND,
- 11 -
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
RAMANJANEYA M.,
THE INSECTICIDE INSPECTOR AND
AGRICULTURAL OFFICER,
OFFICE OF ASSISTANT DIRECTOR OF AGRICULTURE,
HOSAKOTE TALUK,
BENGALURU - 562 114
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO SET
ASIDE THE ORDER DATED 20/11/2021 PASSED BY THE
HONBLE PRINCIPLE CIVIL JUDGE AND JMFC, HOSAKOTE
REGISTERING THE IMPUGNED CRIMINAL CASE IN C.C.NO.
7327/2021 AS UNCONSTITUTIONAL WHICH IS PRODUCED
AS ANNEXURE-A AND ETC.
IN WP NO. 19754/2023
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 44 YEARS,
PROPRIETOR KARNATAKA TRADERS
VENKAMMA COMPLEX,
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND,
- 12 -
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
PRAMOD KUMAR H.R.,
THE INSECTICIDE INSPECTOR AND ASSISTANT
AGRICULTURAL DIRECTOR (IMPLEMENTATION 1),
KRISHI SANKIRNA,
BANASHANKARI,
BANGALORE - 560 074
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO SETTING
ASIDE THE ORDER DATED SEPTEMBER 07, 2021 PASSED
BY THE HONBLE PRINCIPLE CIVIL JUDGE AND JMFC,
HOSAKOTE REGISTERING THE IMPUGNED CRIMINAL CASE
IN C.C. NO.5804/2021 AS UNCONSTITUTIONAL WHICH IS
PRODUCED AS ANNEXURE-A SO FAR AS PETITIONER IS
CONCERNED AND ETC.
IN WP NO. 19814/2023
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 44 YEARS,
PROPRIETOR KARNATAKA TRADERS
VENKAMMA COMPLEX,
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND,
- 13 -
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
SMT. MYTHRI
THE INSECTICIDE INSPECTOR AND AGRICULTURAL
OFFICER,
RAITHA SAMPARKA KENDRA,
HOSAKOTE TALUK, BENGALURU RURAL,
BENGALURU 562114
...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO i) ORDER
SETTING ASIDE THE ORDER DATED DECEMBER 31, 2019
PASSED BY THE HONBLE PRINCIPLE CIVIL JUDGE AND
JMFC, HOSAKOTE REGISTERING THE IMPUGNED CRIMINAL
CASE IN CC NO.2804/2019 AS UNCONSTITUTIONAL
WHICH IS PRODUCED AS ANNEXURE-A SO FAR AS
PETITIONER CONCERN AND ETC.
IN WP NO. 18688/2024
BETWEEN:
B.S. SURESH BABU,
AGED ABOUT 45 YEARS,
PROPRIETOR KARNATAKA TRADERS
VENKAMMA COMPLEX,
OPPOSITE MINI VIDHANA SOUDHA,
NEAR BUS STAND,
- 14 -
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
HOSAKOTE,
BENGALURU 562 114.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
D. CHANDRASHEKAR
THE INSECTICIDE INSPECTOR AND ASSISTANT
AGRICULTURAL DIRECTOR,
T.G. EXTENSION, HOSAKOTE TALUK,
BENGALURU RURAL -562 114.
CELL NO. 8277934027
...RESPONDENT
(BY SRI. B.N. JAGADEESHA. ADDL.SPP A/W
SMT. SOWMYA R, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE
CRIMINAL PROCEDURE CODE 1973 PRAYING TO I)
SETTING ASIDE THE ORDER DATED JULY 7, 2023 PASSED
BY THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC,
HOSAKOTE REGISTERING THE IMPUGNED CRIMINAL CASE
IN CC NO. 4702/2023 AS UNCONSTITUTIONAL WHICH IS
PRODUCED AS ANNEXURE-P IN SO FAR PETITIONER
CONCERN ONLY AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 15 -
NC: 2024:KHC:51578
WP No. 17894 of 2024
C/W WP No. 12686 of 2023
WP No. 12712 of 2023
AND 10 OTHERS
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Conglomeration of these cases is against a solitary petitioner, a proprietor of M/s Karnataka Traders and a solitary complainant who is Insecticide Inspector of Assistant Agricultural Director. The issue projected is also common. Therefore, these petitions are taken up together and considered by this common order.
2. Heard Sri H.N. Vasudevan, learned counsel appearing for the petitioner and Sri B.N. Jagadeesha, learned Additional State Public Prosecutor for the respondent.
3. For the sake of convenience, the facts obtaining in Writ Petition No.17894 of 2024 which are common in the other writ petitions also are considered.
4. Facts, in brief, germane are as follows:-
The petitioner is the proprietor of M/s Karnataka Traders, a proprietorship concern engaged in the business of sale and distribution of insecticides, vegetable seeds and agriculture related equipments, for over 4 decades in Hoskote town. The averment in the petition is that all necessary licences under the
- 16 -
NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS provisions of Insecticides Act, 1968 and Insecticides Rules, 1971 ('the Act' and 'the Rules' for short) are secured by the petitioner to undertake the sale of insecticides.
5. The issue in the lis springs from the complainant's inspection of the shop of the petitioner on 15.07.2021. On such inspection certain samples of bio-products viz., 'Plant Protector' from the sealed bottles which are manufactured by Riya Biologicals, were collected. The collection of samples were drawn / noted in the requisite form No.5 and the said samples were sent to Pesticide Residual Analysis Laboratory at Banashankari, Bengaluru for testing. The said laboratory after analyzing the samples causes a report on 09.08.2021 alleging that the samples collected from the premises of the petitioner in all these cases contained three chemical residues. Based on the said report, a show cause notice comes to be issued against the petitioner alleging violation of the provisions of the Act and the Rules. The petitioner requested by his reply to the show cause notice to re-send the samples for testing for the second time to a laboratory at Hyderabad under the provisions of the Act in order to confirm presence of alleged residues of
- 17 -
NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS chemicals. The respondent acknowledges the receipt of reply to the show cause submitted by the petitioner. The petitioner also undertook to pay requisite fee for re-examination of samples and also remitted fee that is necessary for the purpose of sending the samples for a second testing to the laboratory at Hyderabad.
6. On 31.12.2021, a notice was sent to the petitioner annexing the report of the Central Insecticide Laboratory about presence of only one chemical of a negligible percentage of 0.089% and the report however confirmed presence of two chemicals as was detected by the original authority in the second testing of the samples. Notwithstanding the aforesaid divergence, a complaint comes to be registered against the petitioner in all these cases for violation of the provisions of the Act and the Rules invoking Section 200 of the Cr.P.C. The concerned Court takes cognizance of the offence against the petitioner and registers C.C.No.4701/2023. Registration of criminal case and issuance of summons against the petitioner in all these cases has driven him to this Court in the subject petitions.
- 18 -
NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS
7. The learned counsel appearing for the petitioner takes this Court through the provisions of the Act to contend that the Government of India in the Department of Agriculture and Cooperation has notified a specific laboratory for the purpose of testing bio-pesticide. The sample is not sent to that laboratory. Opining that the samples are insecticides they are sent to the pesticide residual analysis laboratory. Even that laboratory is not the one established under the provisions of the Act. He would contend that the very registration of crime against the petitioner invoking Section 29 of the Act and placing it before the learned Magistrate under Section 200 of the Cr.P.C. is on the face of it illegal.
8. Per contra, the learned Additional State Public Prosecutor representing the respondent/State would take this Court through the statement of objections so filed to contend that Pesticide Residual Analysis Laboratory, Banashankari, Bengaluru is the one that is designated under Section 19 of the Act and the Rules and, therefore, the pesticide residue is analysed by the pesticide residue analyst at the laboratory and hence, no fault can be found with the report of the analyst so
- 19 -
NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS made. It is his submission that chemicals were found in the samples that were taken for testing and therefore, this Court should not interfere at this stage. It is for the petitioner to come out clean in a full-blown trial as in all the places where the petitioner is running his business these chemicals are found in the pesticides.
9. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.
10. The afore-narrated facts, dates, link in the chain of events are all a matter of record. Proprietorship concern of the petitioner is admittedly in the business of sale and distribution of insecticides, vegetable seeds and other agriculture related products. The respondent conducted inspection of the shop of the petitioner on four different dates as noted hereinabove and collects samples. All those samples were of various bioproducts. The three samples that were drawn from the sealed containers of the petitioner premises were sent to a laboratory at the University of Agricultural Sciences, Raichur for their analysis. Laboratory confirmed presence of traces of certain chemicals.
- 20 -
NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS The petitioner then in all these cases requests the respondent to send the samples to the Central Insecticides Laboratory for re-examination within 28 days of receipt of report as necessary in law. This request does not spring from air but has a statutory backing. Sections 16, 36 and 37 of the Act deals and defines Central Insecticides Laboratory, power of Central Government to make rules and power of the State Government to make rules, respectively. They read as follows:
"16. Central Insecticides Laboratory.--The Central Government may, by notification in the Official Gazette, establish a Central Insecticides Laboratory under the control of a Director to be appointed by the Central Government to carry out the functions entrusted to it by or under this Act:
Provided that if the Central Government so directs by a notification in the Official Gazette, the functions of the Central Insecticides Laboratory shall, to such extent as may be specified in the notification, be carried out at any such institution as may be specified therein and thereupon the functions of the Director of the Central Insecticides Laboratory shall to the extent so specified be exercised by the head of that institution."
"36. Power of Central Government to make rules.--(1) The Central Government may, after consultation with the Board and subject to the condition of previous publication, by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Act:
Provided that consultation with the Board may be dispensed with if the Central Government is of opinion that circumstances have arisen which render it necessary
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NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS to make rules without such consultation but in such a case the Board shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Board may make in relation to the amendment of the said rules.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe--
(a) the method of packing and labelling;
(b) the manner of registration of an insecticide;
(c) the functions of the Board and of the Registration Committee and the travelling and other allowances payable to members of the Board, the Registration Committee and any Committee of the Board;
(d) the places at which insecticides may be imported and prohibit their import at any other place;
(e) the form of application for registration of an insecticide and the particulars relating thereto;
(f) 1* * * the fee payable in respect of registration;
(g) the manner of appeal to the Central Government under section 10 and the fee payable therefore;
(h) the form of application for the grant of licence and the particulars relating thereto;
(i) the form of licence, the conditions attached thereto and the fee payable therefore;
(j) the period for which a licence may be renewed and the fee for such renewal;
(k) the circumstances in which a licence may be varied or amended under sub-section (2) of section 14;
(l) the functions of the Central Insecticides Laboratory;
(m) the qualifications, powers and duties of an Insecticide Analyst and an Insecticide Inspector;
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(n) the manner of testing or analysing the samples of any insecticide and the fee payable therefor;
(o) the form in which intimation shall be given by an Insecticide Inspector under sub-section (5) of section 22 to a person from whom a sample of an insecticide is taken for test or analysis;
(p) the form in which an Insecticide Analyst shall submit a report of his test or analysis to the Insecticide Inspector under sub-section (1) of section 24;
(q) the protective clothing and equipment to be used by workers during the manufacture, formulation, transport, distribution and application of insecticides and other facilities to be provided to keep themselves and things supplied to them free from any contamination;
(r) the use by the workers of any such protective clothing, equipment and other facilities;
(s) the precautions to be taken against poisoning through the use or handling of insecticides;
(t) the measures for detecting and investigating cases in which poisoning has occurred; (u) the facilities to be provided for ensuring first-
aid treatment;
(v) the instruction and training to be provided regarding the use of things supplied to the workers for ensuring their safety;
(w) the facilities for medical examination of workers engaged in the manufacture or handling of insecticides;
(y) the equipment for, and method of, application of, an insecticide and the disposal of surplus material, washings and containers, following application;
(z) the maintenance and inspection of records and returns;
(za) the restrictions on storage of insecticides during transport or, otherwise along with articles of food;
(zb) the maximum proportion of any insecticide which may be added to, or contained in, any preparation for domestic use and the restrictions thereon;
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NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS (zc) the manner in which refusal to register an insecticide or cancellation of certificate of registration thereof may be notified; (zd) the officer or authority to whom the Central Government may delegate any of the powers and functions conferred on it by this Act; (ze) any other matter which has to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session 2[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."
"37. Power of the State Governments to make rules.--(1) The State Government may, after consultation with the board and subject to the condition of previous publication, by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Act and not inconsistent with the rules, if any, made by the Central Government.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the authority to which, the manner in which, and the fee on payment of which, an appeal may be filed under section 15 and the procedure to be followed by the appellate authority in disposing of the appeal;
(b) the delegation of any of the powers and functions conferred by this Act on the State
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NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS Government to any officer or authority specified by that Government.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature."
(Emphasis supplied) The Government of India by a notification would establish a Central Insecticides Laboratory to carry out the functions entrusted to it under the Act. The Government of India in terms of Section 16 of the Act has notified the Central Insecticides Laboratory, to be at Hyderabad. The Rules are promulgated by the Central Government invoking Section 36 of the Act. Section 37 of the Act also empowers the State Government to make Rules to carry out the functions under the Act.
11. The Government of India in terms of Section 36 of the Act has notified the Rules. Rule 5 which deals with functions of the laboratory reads as follows:-
"5. Functions of Laboratory.--The functions of the Laboratory shall be as follows--
(a) to analyse such samples of insecticides sent to it under the Act by any officer or authority authorised by the Central or State Governments
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NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS and submission of certificates of analysis to the authority concerned;
(b) to analyse samples of materials for insecticide residues under the provisions of the Act;
(c) to carry out such investigations as may be necessary for the purpose of ensuring the conditions of Registration of insecticides;
(d) to determine the efficacy and toxicity of insecticides;
(e) to carry out such other functions as may be entrusted to it by the Central Government or by a State Government with the permission of the Central Government and after consultation with the Board."
Rule 5 deals with various functions from analysis to reporting of a sample that is drawn and sent to it either by the State Government or the Central Government. Laboratory is defined under Rule 2(e) which would mean a Central insecticides Laboratory.
12. The issue now would be the place of analysis of the samples that were drawn from the business premises of the petitioner. It is admittedly a bio-pesticide and not an insecticide. For Bio-pesticides and Insecticides analysis is completely different. The Government of India in exercise of powers conferred under Section 16 (supra) r/w Rule 5 which
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NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS deals with Central Insecticides Laboratory and the functions of the said laboratory has notified the Central Insecticides Laboratory in respect of bio-pesticides to be carried by the National Institute of Plant Health Management, Hyderabad. The notification reads as follows:
"MINISTRY OF AGRICULTURE (Department of Agriculture and Cooperation) NOTIFICATION New Delhi, the 12th March, 2013 G.S.R. 166(E). - In exercise of the powers conferred by proviso to Section 16 of the Insecticides Act, 1968 (46 of 1968), read with rule 5 of the Insecticides Rules 1971, the Central Government hereby directs that the following functions of the Central Insecticides Laboratory in respect of bio-pesticides shall be carried out by National Institute of Plant Health Management, Hyderabad, namely, -
a) To analyse such samples of Biopesticides sent to it under the Act by any officer or authority authorised by the Central or State Governments and submission of certificates of analysis to the concerned authority.
b) To analyse samples of Biopesticides for chemical substance under the provisions of the Act.
c) To carry out such post registration investigations as may be necessary for the purpose of ensuring the conditions of Registration of Pesticides;
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NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS
d) To determine the efficacy and toxicity of registered Biopesticides.
(F.No.17-6/2006-P.PI) UTPAL KUMAR SINGH, Jt.Secy."
(Emphasis supplied) The notification is clear that the functions of the said institute is to analyse bio-pesticides sent to it. What is seized from the shop of the petitioner is not an insecticide, but a bio- pesticide. The learned Additional State Public Prosecutor has strenuously contended that the State has notified a laboratory under Section 19 of the Act and in terms of powers conferred upon it under Section 37 of the Act. The notification of the State Government reads as follows:
"GOVERNMENT OF KARNATAKA No.AGD/35/ACT/2018 Karnataka Government Secretariat, M.S. Building, Bangalore, Dated 20-03-2019.
NOTIFICATION In exercise of the powers conferred by the Section 19 of the Insecticides Act, 1968 (Central Act 46 of 1968) read with Rule 23 of the Insecticides Rules, 1971, the Government of Karnataka hereby notify the labs specified in column (2) to analyse the samples of biopesticides for chemical substances under the provisions of the Act and officers/scientists specified in column (3) as
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NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS Insecticide Analysis of the table below in respect of areas specified in the corresponding entries in column (4) thereof:
Sl. Name of the Designation of Areas No Laboratory officers
1. Pesticide Assistant Whole Residue Director of State of Analysis Agriculture Karnataka Laboratory, and Banashankari Agriculture Bengaluru Officer
2. Pesticide Professor and Whole Residue and Head State of Food Quality (Agricultural Karnataka Analysis Entomology) Laboratory, Assistant University of Professor Agricultural (Agricultural Sciences, Entomology) Raichur. Assistant Professor (Agricultural Microbiology) By order and in the Governor of Karnataka (B.S.NAGARATHNAMMA) Under Secretary to Government, Agriculture Department (Planning)"
(Emphasis supplied) The notification admittedly springs from the power conferred under Section 19 of the Act r/w Rule 23 of the Rules. Therefore, it becomes necessary to notice Section 19 of the Act and Rule 23 of the Rules. Section 19 reads as follows:
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NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS "19. Insecticide Analysts.--The Central or a State Government may, by notification in the Official Gazette, appoint persons in such number as it thinks fit and possessing such technical and other qualifications as may be prescribed to be Insecticide Analysts for such areas and in respect of such insecticides or class of insecticides as may be specified in the notification:
Provided that no person who has any financial interest in the manufacture, import or sale of any insecticide, shall be so appointed."
Section 19 of the Act deals with Insecticide Analysts. It empowers the Central Government or the State Government by a notification to appoint persons in such number to become analysts in respect of insecticides or class of insecticides as may be specified in the notification. Rule 23 of the Rules reads as follows:
"23. Duties of Insecticide Analyst.--(1) The Insecticide Analyst shall analyse or cause to be analysed or test or cause to be tested such samples of Insecticides as may be sent to him by the Insecticide Inspector under the provisions of the Act and shall furnish reports or results of such tests or analysis.
(2) An Insecticide Analyst shall, from time to time, forward to the State Government reports giving the result of analytical work and investigation with a view to their publication at the discretion of the Government." Rule 23 deals with duties of Insecticide Analyst. It is reporting of analytical work that is sent for reporting. It is ununderstandable as to how the said provisions are pressed
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NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS into service with regard to a bio-pesticide. Though the notification (supra) of the State Government dated 20.03.2019 refers to bio-pesticides, it cannot take precedence over the notification issued by the Government of India under Section 16 of the Act, quoted (supra). Section 16 of the Act makes the laboratory at Hyderabad, the only institute for the purpose of testing bio-pesticides. The learned Additional State Public Prosecutor also refers to a government order of the State to buttress his submission with regard to reference to a particular laboratory. The said government order also leads the State nowhere. What is referred to as the laboratory in the government order is to test "QÃl£Á±ÀPÀ", which is an insecticide and the sample that is drawn from the business premises of the petitioner is admittedly, not an insecticide but it is a bio- pesticide, which is "eÉÊ«PÀ QÃl£Á±ÀPÀ". The marked difference between the two is completely ignored by the State Government while issuing the notification or the government order as the case would be.
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NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS
13. The Central Government having issued a notification under Section 16 of the Act qua bio-pesticide, the same cannot be overridden by the State by creating another alternate to the laboratory constituted by Government of India particularly invoking Section 19 of the Act. If this is the statutory frame work, certain admitted facts are to be noticed. The samples are drawn - two samples are sent to Banashankari for residual analysis and one to the Institute at Raichur, both of which find place in the notification dated 20.03.2019 (supra). Both of which do not have jurisdiction in terms of the Act. The jurisdiction to test bio-pesticides lie with the National Institute of Plant Health Management, Hyderabad in terms of the notification issued by the Government of India. Therefore, the samples sent to a laboratory, other than the one constituted under the Act, has vitiated the entire proceedings.
14. Today, to send the samples to the appropriate laboratory as observed hereinabove, i.e., the laboratory at Hyderabad, is of no avail as the samples have reached their expiry date. Therefore, there cannot be testing of the samples that have already lost their efficacy. This Court would not issue
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NC: 2024:KHC:51578 WP No. 17894 of 2024 C/W WP No. 12686 of 2023 WP No. 12712 of 2023 AND 10 OTHERS futile rights. Therefore, henceforth, seizure of bio-pesticide should also be got tested at the laboratory, at Hyderabad, as is observed hereinabove, to bring it in tune with the law.
15. For the aforesaid reasons, the following:
ORDER
(i) Writ Petitions are allowed.
(ii) Proceedings in C.C.No.4701 of 2023 pending before the Principal Civil Judge and JMFC, Hosakote stand quashed.
(iii) It is always open to the competent authorities to carryout out the purposes of the Act in a manner known to law as is observed in the course of the order.
Sd/-
______________________ JUSTICE M.NAGAPRASANNA JY List No.: 1 Sl No.: 35 CT:SNN