SWARUP CHEMICALS PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed by the Petitioners for quashing the order dated 9th August, 1994 passed by the Insecticides Controller cum-Agricultural Director, Bihar Patna (Respondent No. 2) by which he has restrained the Petitioner firm from sale, distribution, storage and exhibition for sale of the insecticides manufactured by them. By the same order a further direction has been issued to the Stockiest M.R. Enterprises and license holders under the Act to stop the sale, stock, distribution and display for sale of insecticides manufactured by the Petitioner firm. A true copy of the order has been annexed as Annexure-5.

(2.) There is no dispute with regard to the factual matter, The Petitioner No. 1 is engaged in manufacturing insecticides having its head office at Lucknow.

(3.) According to the assertion made on behalf of the Petitioners the insecticides manufactured by the Company is sold at Lucknow to the stockiest and the whole sellers who have obtained valid license under the Insecticides Act. The Petitioner No. 1 is not engaged in manufacturing, selling stocking or exhibiting for sale for distributing any insecticide in the State of Bihar and as such no license for the aforesaid acts is required in the State of Bihar. A notice was issued by the Respondent No. 2, a copy of which has been annexed as Annexure-3 to the writ application, by which Petitioners, were asked to show cause as to why the sale, storage, distributing and exhibition of the insecticides in this I State be not stayed for want of valid license under the provisions of the Act. The Petitioners filed a show cause stating there In that no license is required by the Petitioners as in this State they are not engaged in sale, storage, distribution and exhibition of insecticides. They sold insecticides at the place of its business at Lucknow and as such the license is not required in the State of Bihar under the aforesaid Act. After perusal of the aforesaid show cause the impugned order has been passed under the provision of the Insecticides Act, 1968 read with rules framed thereunder.