JAYALAKSHMI ENTERPRISES Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner claims that it obtained a licence on 30-10-1985 under the Insecticides Act, 1968 (Act 46 of 1968) for short, "the Act". It applied for licence on 19-9-1985 and 23-9-1985, being the auspicious dates, it broke coconuts and one of the riots kept 12 bottles of "dhanemon" which is one of the insecticides. Subsequently, licence was granted on 30-10-1985. Thereafter, the petitioner did not contravene any of the conditions or the provisions of the Act, but unauthorisedly the 2nd respondent suspended the licence on 3-2-1986 and the goods were seized on 6-2-1986 at 12-30 mid-night, in his absence. The petitioner claims that the goods cannot be confiscated. It also contended that the licence having granted on 30-10-1985, the seizure cannot be affected unless it contravenes any of the conditions of the licence or the provisions of the Act or the rules thereunder. In order to appreciate this contention, it is necessary to look into the provisions of the Act. S. 13(1) and (2) of the Act postulates :- 13. Grant of Licence :-

(2.) The petitioner claims that unless the property is confiscated by operation of S. 25(1) of the Act by the Magistrate after conviction, there is no power for the authorities either to seize or suspend the licence. I am unable to agree. A reading of Ss. 13(1), 18(1) and 14(1)(b) would show that every person who desires to sell, stock or exhibit for sale must be in possession of a licence issued and thereafter he is entitled to do the business under the provisions of the Act. If any business is done without any licence, then it would be contrary to the provisions of the Act. S. 14(1)(b) provides for suspension of such activity carried on by any person. S. 18(1) also provides :- 18. Prohibition of sale, etc., of certain insecticides :- (1) No person shall, himself or by any person on his behalf, sell stock or exhibit for sale, distribute, (transport, use or cause to be used) by any worker - (a) any insecticide which is not registered under this Act; (b) any insecticide, the sale, distribution or use of which is for the time being prohibited under S. 27 : (c) any insecticide, in contravention of any of the provisions of this Act or of any rule made thereunder. (2) No person shall, himself or by any person on his behalf, sell, stock or exhibit for sale or distribute (or use for commercial pest control operations) any insecticide except under, and in accordance with the conditions of, a licence issued for such purpose under this Act.

(3.) A reading of these provisions would clearly establish that a person who sells, exhibits or distributes any insecticides without obtaining a licence, is contravening the provisions of the Act, for such a contravention which is an offence, there is power under S. 14(1)(b) to suspend any such licence. It is admitted that he started business and exhibited for sale of insecticides. Therefore it is an offence and a contravention. Under these circumstances, the suspension of the licence cannot be said to be without authority of law.