Aastha Thakur
Published on: 10 November 2022 at 20:43 IST
The Punjab and Haryana High Court dismissed the anticipatory bail petition filed by two applicants who were busted by the investigating agency in possession of large quantities of pesticides and insecticides, mixing machines, and other manufacturing equipment.
The bench led by Justice Harnaresh Singh Gill noted the severity and importance of the alleged offence, noting that it endangers human health, soil fertility, and cattle health.
The court examined that-
“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 applicants were arrested under Section 420 IPC r/w Section 7 of the Essential Commodities Act, Fertilizers Control Order, 1985, Insecticides Act, 1968 and Insecticide Rules, 1971.
It was mentioned it their bail plea that the Insecticides Act talks about the procedure of filing a complaint and not about registration of FIR. They added that although the petitioners had shown their licence to the authorities during the raid, the investigating agency had still taken possession of all the materials.
Further, it was submitted that the petitioner could not be held responsible of an offence under Section 420 IPC and that the seized bags of fertiliser were kept on the premises for petitioner’s agricultural purposes.
However, the Additional-AG for Haryana contended that petitioners were captured with large amounts of chemicals, pesticides, fertilisers, and materials such as cardboard boxes, empty plastic bottles, empty drums, printed insecticide wrappers, and cardboard boxes. All of these materials are used for the manufacturing of insecticides.
The State argued that it was clearly evident from the recovery of two chemical mixing machines and empty bottles meant to contain pesticides and insecticides that the petitioners were engaged in the illegal production of the pesticides and insecticides that were to be supplied to the distributors and subsequently sold to the state’s farmers.
Hearing both sides, the court observed that there is serious allegations against the petitioners regarding their participation in the process of manufacturing of the insecticides and pesticides illegally.
The court was concerned about the impact on land fertility, human and animal health, and the revenue loss to the engaged 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.”
Hence, keeping in view the severity and nature of the crime Court held that the accused are needed for the custodial interrogation to gather relevant information regarding sources of recovered large number of raw materials (wrapper etc.)
Therefore, the court dismissed the application plea.
Case Title: Sandeep Kumar and Another v. State of Haryana