IMPORTANT POINT
The absence of fraudulent intent and the availability of alternative remedies under the Insecticides Act preclude criminal liability under IPC Section 420.

ORDER :

V. Sujatha, J.

The Criminal Petition is filed seeking to quash C.C.No.143/2018 on the file of Principal Junior Civil Judge, Guntur filed against the petitioners/accused for the offences under Section 420 read with 34 of Indian Penal Code, corresponding to Cr.No.293 of 2016 of Lalapet P.S., Guntur Urban.

2. The petitioners herein are the accused Nos. 1 and 2. The 2nd respondent herein is the complainant. On 04.11.2016, the 2nd respondent vide Rc.No.A/28/2014 has submitted a complaint to the Station House Officer, Lalapet Police Station, Guntur, stating that the Gemini Crop Sciences (petitioner No.1 is the manufacturer) has requested the Commissioner and Director of Agriculture for drawal of bio product samples manufactured by the firm duly paying requisite fee of Rs.5,000/- per sample. In pursuance of the same, the Commissioner and Director of Agriculture has issued instructions on 26.11.2015 to draw samples of bio products for analysis. Accordingly, three samples each from seven bio products were drawn on 20.01.2016 from the premises of Gemini Agri Sciences shop situated at Etkuru road, Guntur and were sent to the Deputy Director of Agriculture, Pesticides Testing Laboratory and Coding Centre, through professional courier services on 21.01.2016. Subsequently, the Deputy Director of Agriculture, Pesticides Testing Laboratory and Coding Centre has communicated the analysis report wherein it was revealed that chemical insecticide residues were found in six of the seven samples of the bio products that were taken.

3. On receipt of the said analytical report, the 2nd respondent herein has served the same to the petitioners herein on 20.05.2016. Thereafter, a show cause notice dated 24.09.2016 was issued by the Director of Agriculture to the petitioners herein, seeking their explanation as to why action should not be initiated against them for violating the provisions under Sections 9 and 13 of Insecticides Act, 1968.As such, the respondent No.2 has approached the Lalapet Police station, requesting to file a complaint against the petitioners herein under Section 420 read with Section 34 of the Indian Penal Code.

4. Pursuant to the complaint/report filed by the 2nd respondent herein, the Lalapet Police have registered a case in Cr.No.293/2016 under Section 420 read with 34 of Indian Penal Code and further proceeded for investigation. After completion of investigation, a charge sheet was filed in C.C.No.143 of 2018 on the file of the Principal Junior Civil Judge, Guntur.

5. Learned counsel for the petitioners, during the course of arguments has submitted that the show cause notice dated 24.09.2016 would itself show that an explanation was sought from the petitioners as to why action should not be initiated against them for violating Section 9 and 13 of Insecticides Act, 1968, but there is no allegation of any dishonest or fraudulent intention at the inception of the alleged offence to make wrongful gain and as such, the charge under Section 420 of I.P.C., will have no legs to stand. He further submitted that when there is no law prohibiting the manufacturer from manufacturing bio products with any fixed percentage of insecticides, a charge sheet under Section 420 I.P.C., without there being any ingredient of the offence alleged against the petitioners is liable to be quashed. Even otherwise, if the allegations made against the petitioners in the charge sheet are proved, they may make out violation of provisions under the Insecticides Act for which penalty shall be imposed under Section 29 of the Insecticides Act, but, no offence under I.P.C., can be made out. As such, the impugned charge sheet in C.C.No.143/2018 and the corresponding F.I.R., in Cr.No.293 of 2016 of Lalapet P.S., Guntur are liable to be quashed.

6. On the other hand, learned Public Prosecutor has submitted that as the analytical report dated 16.05.2016 shows the presence of residues of chemical insecticides in the bio products manufactured and marketed by the petition