ORDER :

(Krishna S. Dixit, J.)

Petitioner-Company is knocking at the doors of Writ Court for assailing order dated 12.12.2022 made by 4th Respondent at Annexure-A whereby, it has been prevented from disposing of any stock. Learned counsel for the Petitioner submits that this order purportedly has been made under the provisions of the INSECTICIDES ACT , 1968; however, the commodities which the Petitioner is dealing in, do not answer the definition of 'insecticide; as given under section 3(e) of the said Act. He also points out that the report issued by the University of Agricultural Sciences at Raichur on 12.1.2023 vouches Petitioners' claim that the subject samples do not have the elements of insecticides.

2. Learned AGA appearing for the Respondents opposes the petition contending that whether a particular commodity is insecticide or not is a mixed question of law & facts; the authorities being subject experts, their opinion should be shown deterrence by the other agencies like the court; a contra assumption would affect public interest. Having so contended, he seeks dismissal of the Writ Petition.

3. Having heard the learned counsel for the parties and having perused the Petition Papers, this court is broadly in agreement with the submission made on behalf of the Petitioner that the subject commodity does not answer the definition of insecticide as given under section 3(e) of the 1968 Act, more particularly when the same is accordingly certified by the University of Agricultural Sciences, Raichur at whose hands, expert opinion was solicited by the Respondents.

4. Right to deal with insecticides is a lesser right in the light of a catena of decisions of the Apex Court since insecticides are res extra commercium, is true, however, if the commodity is not an insecticide, then right to trade in the same is guaranteed u/a 19(1)(g) of the Constitution, as rightly argued by counsel for the Petitioner in the light of decision of Apex Court in State of Andhra Pradesh v. Mc. Dowell , Air 1996 SC 1627 . In order to regulate the said right, the statutory authorities have to justify their intervention, which in the case at hands they have failed to.

In the above circumstances, this Writ Petition succeeds; a Writ of Certiorari issues quashing the impugned order.

Costs made easy.