GODREJ SARA LEE LTD A COMPANY REGISTERED Vs. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY CUM COMMISSIONER

JUDGEMENT

(1.) PETITIONERS ' company is an authorized C and F of various companies and it has requisite licence to deal with the products of those companies. Some of those products also require licence under the Insecticide Act because these products though are household items but technically covered under the Act. One such product is mosquito repellant, known as Good-night etc.. The chemical composition is stated to be what is know as Trasfluthrin to the extent of 0.88%.

(2.) AN inspection was carried out in the go-down of the petitioner. Based on the inspection report, petitioners were issued a show-cause on 19.12.2007. Petitioners responded to the said show-cause and had given explanation on all counts as would be evident from Annexure-8 to the writ application.

(3.) LEARNED counsel representing the petitioners submits that there is evidence to show that the petitioners had made an application for inclusion of the so-called insecticide before the competent authority by an application dated 03.01.2008. Requisite licence fee was also deposited by way of challan dated 03.01.2008, which stands corroborated vide Annexure-7 to the writ application. This was done as a new product was launched by the company and supplied but no sale was effected by the petitioners. There is no evidence on record to show that the petitioners had actually indulged in trade without the licence being issued to them. There are occasions when new brands or products are launched and brought into the market but the formality of their inclusion in licence take time due to bureaucratic red-tapism.