Manufacturing Ingenuine Insecticides & Pesticides Serious Offence; Affects Human & Cattle Health: Punjab & Haryana HC Refuses Pre-Arrest Bail

The single bench of Justice Harnaresh Singh Gill took note of the seriousness and gravity of the alleged offence, given that human health, soil fertility and cattle health were involved. It observed,

"There are serious allegations against the petitioners that they have indulged in the process of manufacturing the insecticides and pesticides illegally, which were ultimately to be sold to the farmers. The ingenuine insecticides and pesticides, developed by-passing the regulations and field trials with inferior formulations, create menace by harming soil fertility, human and cattle health and revenue loss to the gullible farmers...Keeping in view the nature and gravity of the offence, this Court finds that the petitioners are required for custodial interrogation to ascertain the source of recovered large number of raw material (wrapper etc.)."

The petitioners were booked vide FIR under Section 420 IPC r/w Section 7 of the Essential Commodities Act, Fertilizers Control Order, 1985, Insecticides Act, 1968 and Insecticide Rules, 1971.

They argued that no FIR could be registered against them under the Insecticides Act which only stipulates the process of filing a complaint and not registering an FIR. They further submitted that when the alleged raid was conducted, the petitioners produced their license before the authorities but the investigating agency nevertheless took possession of all the materials.

It was also contended that no offence under Section 420 IPC could be made out against the petitioner and that the recovered bags of fertilizer were kept in the premises for using it for the land owned by the father of petitioner since they were themselves agriculturalists.

Additional Advocate General for Haryana argued that heavy quantities of fertilizers, pesticides, chemicals and materials such as empty plastic bottles, empty drums, cardboard boxes, printed wrappers of various insecticides – all of which materials related to the manufacturing of insecticides – were found at the factory of the petitioners.

The State contended that it was evident from the recovery of two chemical mixing machines and empty bottles to be filled with pesticides and insecticides, that the petitioners were in the process of illegally manufacturing the insecticides and pesticides, which were to be supplied to the distributors and further sold to the farmers in the State. Accordingly, they argued that the bail plea was liable to be dismissed.

Case Title: Sandeep Kumar and Another v. State of Haryana

Citation: CRM-M-50184-2022

Coram: Justice Harnaresh Singh Gill

Citation: 2022 LiveLaw (PH) 292 

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