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M/s. Jhass Agro Industries, rep.by its Managing Partner, S. Jayachandra Reddy & Others v/s The State of Telangana, rep.by its Principal Secretary, Home Department & Others


Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- R K B AGRO INDUSTRIES LIMITED [Active] CIN = L17100KA1979PLC003492

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- J R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15342UP1982PTC005792

Company & Directors' Information:- HOME AGRO INDUSTRIES LIMITED [Active] CIN = U01403MH1990PLC057917

Company & Directors' Information:- B M AGRO INDUSTRIES LIMITED [Active] CIN = U74899DL1992PLC049988

Company & Directors' Information:- R S AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15319DL1998PTC097025

Company & Directors' Information:- S N T AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U01122DL1997PTC086925

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- D D AGRO INDUSTRIES LIMITED [Active] CIN = U24219PB1999PLC022487

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- S S D AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100MH1998PTC113744

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- REDDY INDUSTRIES (INDIA ) PRIVATE LIMITED [Active] CIN = U24246MH2002PTC135570

Company & Directors' Information:- S. A. B. INDIA AGRO INDUSTRIES LIMITED [Active] CIN = U01403UP2009PLC038365

Company & Directors' Information:- U K AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15114UP2003PTC028107

Company & Directors' Information:- TELANGANA INDUSTRIES PRIVATE LIMITED [Active] CIN = U27310TG2014PTC092106

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- R. K. AGRO INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U15410WB2012PTC180269

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- R J AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC035485

Company & Directors' Information:- S O I AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15310GJ2010PTC059966

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- S I P AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01403WB2012PLC188362

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- S. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15490PN2013PTC146574

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- J J AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15130MH1980PTC023302

Company & Directors' Information:- A R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050526

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- G S AGRO INDUSTRIES PVT LTD [Active] CIN = U01132WB1990PTC049960

Company & Directors' Information:- D V AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051892

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- P AND G AGRO INDUSTRIES P LTD [Strike Off] CIN = U99999UP1985PTC007509

Company & Directors' Information:- R. K. G. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100UP2017PTC097391

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- V G AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01400DL1993PLC051666

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- T S AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U15209UP1987PTC008974

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- B AND P AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U01110MH1972PTC015574

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- P V R K AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U01119AP1988PTC008395

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- K R P AGRO INDUSTRIES PVT LTD [Active] CIN = U01110MH1991PTC062304

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

Company & Directors' Information:- HOME INDUSTRIES LIMITED [Liquidated] CIN = U99999MH1946PTC004772

    Writ Petition No. 10745 of 2019

    Decided On, 01 July 2019

    At, High Court of for the State of Telangana

    By, THE HONOURABLE MR. JUSTICE P. NAVEEN RAO

    For the Petitioners: V.R. Reddy Kovvuri, Advocate. For the Respondents: G.P. for Home & G.P. Agriculture.



Judgment Text

1. Heard learned counsel for petitioners Sri V R Reddy Kovvuri, learned Government Pleader for Home and learned Government Pleader for Agriculture.

2. Petitioners claim to be involved in producing and marketing of bio-products. On 26.04.2019 raid was conducted by the Quality Control Inspector-cum-Agricultural Officer, Hayathnagar in M/s.Jhass Agro Industries, and M/s. Jass Agri Science premises, M/s. Kinolac Bio Life Sciences located in Sy.No.27 (part), Sai Colony, Hayathnagar, Ranga Reddy district, and seized the stock of three companies, samples of bio-products were collected and sent to DDA-PTL Coding Centre, Malakpet, to assess whether the said products contained pesticides or insecticides. In this writ petition, petitioners challenge the seizure of entire stock.

3. The averments made in the affidavit filed in support of writ petition would disclose that petitioners are engaged in the business of manufacturing, sale and supply of bio-products without usage of any toxic chemicals. According to petitioners, their products enrich the soil and ensure protection of the plants/crops from viral, bacterial, fungus and other infections and also useful for getting more produce of the crop. According to petitioners, there is no requirement to obtain license for marketing of the bio-products. As there is no requirement to obtain license for marketing, though it may be permissible for the competent authority to collect samples, send them to appropriate laboratory to ascertain the content of the products and to take action, they have no power to seize the stock, and therefore action of respondent No.3 in seizing the bio-products, produced and marketed by the petitioners is illegal and contrary to earlier directions issued by this Court in W.P.No.25293 of 2014 and batch, dated 10.07.2015.

4. The Insecticides Act, 1968 (for short, ‘Act, 1968’) was promulgated on 02.09.1968. This Act seeks to regulate import, manufacture, sale, transport, distribution and use of insecticides. Primary objective to regulate is, to prevent risk to human beings and animals. According to section 3(e) of the Act, 1968, ‘insecticide’ means any substance specified in the Schedule; or such other substances including fungicides and weedicides as the Central Government may, by notification in the Official Gazette, include in the Schedule. The definition also includes any preparation containing any one or more of such substances. It vests power in the Insecticide Inspector to enter and search at all reasonable time any premises in which he has a reason to believe that an offence under the Act or Rules made there under has been or is being or is about to be committed, or for the purpose of satisfying himself under that the provisions of this Act or the Rules made there under or the conditions of any certificate of registration or license issued there under are being complied with. On 21.06.2006 the Commissioner and Director of Agriculture issued memo. It appears the memo would hold that products mentioned there under are not covered by the Insecticides Act, 1968 or the Fertilizer (Control) Order, 1985, and therefore stocking/exhibiting for sale from the licensed premises would not be permitted. The memo was challenged in W.P.No.25293 of 2014 and batch. While petitioners claimed that bio-products are not covered by the Act, 1968 and therefore respondents can not interfere with their activities, whereas the stand of the respondents was that in the absence of any information furnished by the petitioners, they were regulating their activities.

5. Batch of writ petitions were heard and disposed of by common order dated 10.07.2015. Three points considered by the learned single Judge were; i) whether the petitioners can manufacture/storage/market the products in the name of bioproducts without disclosing the contents thereof; ii) whether the respondents can interfere with such activity without any authority of law; and iii) is there any provision that is attracted in the case of products which are called bio-products?

6. Having regard to the respective submissions, learned single Judge observed that Court would not hold that activities of the petitioners and the interference of the respondents are totally illegal and that balance has to be maintained in the facts and circumstances of the case. Learned single Judge observed that in view of the provisions of the Insecticides Act and Fertilizer (Control) Order the activities of the petitioners can be regulated. Learned single judge issued nine directions. Suffice to note that in the guidelines prescribed by the learned single Judge, learned single Judge observed that persons dealing in bi-products required to maintain proper packing and marking of the product; the packing should contain ingredients included in the product, analytical procedure and their percentage; that manufacturer should intimate the concerned Commissioner of Agriculture with regard to the manufacturing activity; the dealer of bio-products should have the information with regard to the source of purchase of bio-products and should maintain a register for the said purpose. Court observed that it is for the authorities to inspect the bioproducts, to take samples in order to verify whether any such product contains harmful substances attracting the provisions of the Insecticides Act and the Fertilizer (Control) Order; and issued further directions. The directions would require a person manufacturing/holding the stock to disclose the aspects mentioned above.

7. This judgment in batch of Writ Petitions was challenged in W.A.Nos.1122 and 1236 of 2016. Division Bench observed that though there cannot be an omnibus categorization of all bio-products for the purpose of taking action under the Act, the grounds on which the Insecticide Inspector has reason to believe that insecticides are being sold in contravention of the provisions of the Act and the Rules, would depend upon the facts of each case, and cannot be circumscribed by way of guidelines issued by the Court. Division bench observed that the guidelines prescribed by the learned single Judge can only supplement and not supplant the law, and would remain in force only till appropriate legislation is made. Division Bench observed that the guidelines prescribed in the judgment of the learned single judge would be in addition to, and not in derogation of the powers conferred on the concerned authorities under the Act and the Rules.

8. While so, in the panchanama, it is recorded that on inspection of M/s. Jhass Agro Industries and M/s.Jhass Agri Sciences in D.NO.4-3-105 of Sy.No.27, Sai Nagar Colony, Hayathnagar, it was noticed that products of three companies, petitioners herein, were found. According to the panchanama, the Jassh Agro Industries factory is located in Renigunta, Tirupati in Chitoor district of Andhra Pradesh, but granules produced by the said company is found in the said address. Further, though Jhass Agrl Sciences factory address is the same, but chemistry records, chemistry of machinery and glass wears were not found nor analytical procedures were observed to make the bio-products. Similarly, though M/s.Kinolac Bio Life Sciences factory address is the same, but no production activity was noticed. The samples of bio-products were collected and sent them to laboratory for testing.

9. In the counter-affidavit deposed by the incumbent Commissioner of Agriculture, it is alleged that packing of bio-product is not having analytical procedure. Manufacturing activity is being undertaken in violation of the directions of the learned single Judge and that firms have not maintained sales and purchase registers and failed to produce source of purchase of bioproducts/ raw-materials. What is noted in the panchanama is also reiterated in the counter-affidavit. In addition, it is also contended that in the year 2013, bio-product samples drawn from M/s. Jhass Agri Sciences was found laced with insecticide and action is being taken by the concerned Insecticide Inspector for violating the Act, 1968. These contentions of the respondents are not denied by the petitioners.

10. As briefly noted above, in the judgment of the learned single Judge, dated 10.07.2015, and the Division Bench judgment in W.A.Nos.1122 and 1236 of 2016, the power to inspect and to take consequential steps are held to be valid. Inspection and taking consequential steps are for the purpose of finding out as to whether any bio-product claimed to have been manufactured and/or marketed is laced with pesticides which would be harmful to the human beings as well as plants. Therefore, statutory duty is cast upon the Insecticide Inspector to conduct such inspection and take consequential action. Thus, conducting of inspection on the subject premises, collecting the samples, and sending the samples to laboratory for testing cannot be faulted.

11. Learned counsel for petitioners sought to contend that even assuming the action of the Insecticide Inspector in inspecting, collecting the samples and seizing the stock is valid, but, firstly, he has no power to seize and even if such power is conceded such seizure can be valid only for 30 days. Beyond 30 days continuation of seizure is illegal.

12. On a careful reading of Section 21(1)(d) of the Act, it is seen that there are two components. First one deals with distribution, sale or use. On suspecting of use of pesticides, the Inspector may stop the distribution, sale or use of an insecticide, for a specified period not exceeding 30 days. The second component deals with seizer of stock. No time limit is prescribed on seizure of the stock. Section 22(2) of the Act, 1968 prescribes the procedure to be followed by the Insecticide Inspectors on seizure of stock. This section vests power in the Inspector to revoke the order of seizure, including the return of stock. However, if he seizes the stock, as soon as possible, he should inform the Magistrate and take his orders as to the custody. Petitioners and respondents are silent on steps taken after seizure. As seizure of stock is not laced with time frame and is subject to further steps as required by the Act, decision to seize is not vitiated merely because 30 days lapsed.

13. According to Section 24 of the Act, 1968, the Insecticide Analyst, to whom a sample of any insecticide was sent for test or analysis, shall de

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liver to the Insecticide Inspector his report within a period of 30 days. On receipt of such report, Inspector should furnish one copy of the report to the person from whom the sample was taken and to retain other copy. Thus, Section 24 of the Act, 1968, fixes time limit of 30 days to the Analyst to submit his report. Apparently, so far, report is not submitted. The counter-affidavit is silent as to why report is not secured from the Analyst. In view of the statutory scheme and the guidelines formulated by this Court in the judgment rendered on 10.07.2015 in W.P.No.25293 of 2014 and batch, the action of competent authority in seizing the stock cannot be held as amounting to illegal and arbitrary exercise of power. 14. However, having regard to the mandatory requirements of Section 24 of the Act, 1968, the Commissioner of Agriculture is directed to secure, within two weeks from the date of receipt of copy of this order, the report from the Insecticide Analyst and direct the Inspector to take consequential steps as required by the Act. 15. Writ Petition is accordingly dismissed. Pending miscellaneous petitions shall stand closed.
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