The court held that mere possession of banned insecticide without evidence of intent to sell does not constitute an offence under the Insecticides Act, reaffirming strict adherence to statutory procedures.

JUDGMENT :

: NANDESH S. DESHPANDE, J.

Heard. Admit. Heard finally with the consent of learned Counsel for both the parties.

2. This is an application under Section 482 of the Criminal Procedure Code for quashing and setting aside the First Information Report, vide Crime No.0244/2023, for the offence punishable under 420 of Indian Penal Code and Sections 3 K (v), (vii), 13(1) (2), 17 (1,)(b, c, d), 18(1)(b,c), 27 (1), 29 of Insecticide Act, 1968 and Rules 9(3)(vi), 9(3)(vii), 10 (1) A, 10A(a)(b), 10(4)(i), 10(4)(ii), (iii), 10-D, 15(2), 16, 18(1), 18 (1)(c), 19(7), (8) Insecticides Rules, 1971, and Section 8 of the Environmental (Protection) Act, 1986, registered by P.S.O., P.S. Duggipar, Taq. Sadak Arjuni, District Gondia, and the consequent charge-sheet dated 10.09.2023, bearing charge-sheet No. 173/2023, filed by the non-applicant No.1, on a complaint of the non-applicant No.2.

3. As per the contents of the First Information Report, the non- applicant No.2, lodged the First Information Report with the non- applicant No.1, that he is working as a District Quality Control Inspector in the office of the District Superintendent Agriculture Office, Gondia, and he, being a District Quality Controller, is also working as an Insecticide Inspector as contemplated under the Insecticides Act. Being empowered under Section 20 of the Insecticides Act as an Insecticides Inspector, he is also entitled to perform his work as per Section 21 of the said Act in the entire Gondia District. It is further alleged that, as per the authority given to him under the statutory provisions mentioned supra, he, along with his Drill Team, on the afternoon of 28.06.2023, at about 4:45 p.m., visited M/s Chavhan Krishi Kendra Khajari, Taluka Sadak/Arjuni, District Gondia. The non-applicant No.2 was along with Smt. K.K. Badole, Taluka Agricultural Officer, Sadak/Arjuni, and Shri D.K. Ramteke, Krushi Adhikari, Panchayat Samiti, Sadak/Arjuni, District Gondia.

4. It is further alleged in the First Information Report that at the time of their visit, the applicant who is a proprietor of said M/s Chavan Krishi Kendra, was not present, but his wife, Ritu Chavhan, was present at the said establishment. The visiting team asked the said wife of the applicant to show the stock of insecticides and the stock register, but she could not show it to them. As at the relevant time, the non-applicant No.2 and his team could not see the rate and stock board, therefore, they checked the entire godown. At that time, the non-applicant No.2 found a room in the underground floor, in which, bags of Fhorate insecticide, (business name Fhorate X) (Systemic insecticide), manufacturer name Pestipak Crop care, plot no. 428/2 G.1. D.C. POR G. Baroda Pin code 391243, batch no. S-1, manufactured dated June 2020 and expiry date December 2022, total 33 bags having 5 k.g. per pocket, total pack pocket 167/-, having price of each nag Rs. 850/-, total prize of Rs.1,40,250/- and 4 nag of 1 k. g. pocket having prize of per pocket Rs. 180/-, total prize Rs.720/-, thus total prohibited insecticide of Rs.140920/-, found by the non-applicant no. 2, which is prohibited. 5. It is further alleged in the said First Information Report, that as the said insecticide is harmful to human life and animals, therefore, the Central Government, vide notification dated 08.08.2008, has stopped its production from 01.01.2019 and prohibite