JUDGMENT - Brahme P.S., J.: - Heard the learned Counsel for the parties. Perused the record.

2. The petitioners have approached this Court challenging the orders passed by the respondent No. 2, suspending the licences of the petitioners as also the orders passed by the Appellate Authority. Confirming the said orders.

3. The petitioners are the licensees for sale, stock or exhibit for sale or distribution of Insecticides holding licence Nos. AMT/203, AMT/283, AMT 320, AMT/336 and AMT/66 respectively issued under section 13 of the Insecticides Act, 1968 read with sub-rule (4) of Rule 10 of the Rules framed thereunder. On 29th August, 1990, the petitioners received two packages each of sealed containers of insecticides called as "Nuvacron" (Monocrotophos) from Harhar Mahadeo Garage (Motor Transport Agency) of Amravati. It is not deputed that the packing material of the labels on the packages including the labels on the sealed containers were the same as of original packing material and labels of Hindustan Ciba Geigy Ltd., Bombay. Subsequently, the petitioners received bills for the said packages from M/s. Datta Krushi Mandir, Amravati. The petitioners, in fact, had never placed any order with M/s. Datta Krushi Mandir, Amravati, for supply of any insecticides. The petitioners, therefore, made a report to police that there was a fraud in sending the said two packages.

4. However, some information was received by Fertilizer Inspector and on the basis of that information, he raided the shop of M/s. Datta Krushi Mandir, Amravati and seized the Nuvacron Insecticides of Hindustan Ciba Geigy Ltd. and found that containers with Batch No. 0013 were containing misbranded Insecticides and on collecting information about the shops to which M/s. Datta Krushi Mandir, Amravati had sent packages of the said insecticides with label of Batch No. 0013, claimed to have collected sealed containers from the shops of the petitioners and also claimed to have got contents of such sealed containers analysed and found them misbranded. After all the enquiry, the said Inspector made report to City Kotwali Police Station, Amravati, against Mr. Gopal Ratanlal Soni, the Proprietor of M/s. Datta Krushi Mandir, Amravti, on the basis of which, an offence was registered under section 420 read with section 486 of the Indian Penal Code, alleging that the said Dsitributor had cheated and defrauded the petitioners by sending to them packages of sealed containers wherein the insecticides packed were substandard, without giving them any idea of such nature of the insecticides. It was on the basis of this factual position, the petitioners contended that they were innocently in possession of the sealed containers sent to them through Motor Transport.

5. On the basis of the report of analysis, the District Quality Control Inspector (Seeds/Fertilizers/Insecticides), Amravati, issued a show cause notice to the petitioners, under section 17(i)(a), 17(i)(c) and 18(i)(c) of the Insecticides Act read with Rule 10 of the Insecticides Rules, 1971, calling upon the petitioners to explain why action as per the provisions of the said Act should not be taken against them. The petitioners gave reply to the show cause notice, contending that they never placed any order for supply of Insecticides and that they were not knowing as to the nature of the containers much less of the fact that the insecticides were misbranded.

6. The District Quality Control Inspector had forwarded the case papers to the Agricultural Development Officer, Zilla Parishad, Amravati without giving any opportunity of hearing to the petitioners. The Agricultural Development Officer, who was then Licensing Authority within the meaning of the Insecticides Act, who is joined as the respondent No. 3 in this petition, issued show cause notice to the petitioners. The petitioners gave replies to the show cause notices. The Licensing Authority, however, without giving any heating to the petitioners, passed order dated 17-12-1990,

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