- (1.) This order shall dispose of a bunch of Writ Petitions bearing CWP Nos.12536,13327,14116,14321,16185,16532,20044 of 2011; 2006, 4776,17668 of 2012 and 1855,10329,11231,11822,12222,13737 of 2013. The petitioners herein are manufacturers of bioproducts, which are claimed to be substitute of insecticides and fertilizers but not strictly falling in the definition of insecticides as contained in the Insecticides Act, 1968 (for short 'the Act') and the Fertilizer (Control) Order, 1985( for short 'the Order'). Some of the petitioners got permission from the States of Punjab and Haryana for selling their products whereas some had not sought. The case set up by the petitioners is that the product(s) manufactured by them being not covered under the Act and the Order, the State has no authority to stop the production and sale thereof. It is further submitted that the samples of the products being manufactured by the petitioners were got tested in different laboratories controlled by the Government of India and the report is that none of the products being manufactured by the petitioners fall in the definition of 'insecticides' and 'fertilizer'.
(2.) Learned counsel for the petitioners fairly submitted that whenever they wish to sell their products in the States of Haryana and Punjab, they will inform the Director General, Agriculture Haryana and Director, Agriculture Punjab, whichever is the competent authority. It was further submitted that the Officer Incharge to regulate and control agriculture in the respective districts in the States of Punjab and Haryana may take samples of the products being sold by the petitioners for the purpose of testing in any of the authorized laboratory to find out as to whether the products being sold by them fall within the definition of 'insecticides' or 'fertilizer'. They shall also be at liberty to see whether the product is of any use and is not merely a waste being sold in fancy packaging by misleading the buyers, namely, the poor and many of the illiterate farmers. The Laboratories can also test as to whether the contents of the products are in any way harmful for the soil or the contents thereof can be transmitted to the agriculture produce grown in the fields with use of the products being manufactured by the petitioners. It was further submitted that in case any of the products manufactured and sold by the petitioners is either found to be violating the provisions of the Act or the Order and it is found that the products fall within the term 'insecticides' or 'fertilizer' they may be liable for action in terms of the provisions in the Act and the Order. In the other eventualities, as noticed above, State shall be at liberty to take appropriate action in accordance with law.
(3.) Learned counsel for the State of Punjab submitted that the matter regarding legislation or for issuance of guidelines, for production and sale of bioproducts is pending consideration with the Government of India for the last more than eight years. In the absence thereof, it is difficult to regulate the same. The Government of India may be directed to expedite the matter and either amend the Act or the Order concerned.;