PRABHAKAR TULSHIRAMJI MANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 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 disputed 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.