Summary: The Bombay High Court canceled the police report against Tajraj Chavhan related to banned insecticides, pointing out mistakes in the procedures followed. However, minor rule-breaking will still be pursued.
Tajraj Chavhan, a businessman from Gondia, got into legal trouble when the Insecticide Inspector reported him. The case was heard by Judges Urmila Joshi-Phalke and Nandesh S. Deshpande. It began when Inspector No. 2, while working, visited Chavhan's business, M/s Chavhan Krishi Kendra, and found something concerning.
On June 28, 2023, the inspection team, including Smt. K.K. Badole and Shri D.K. Ramteke, went to Chavhan's business. Although Chavhan wasn't there, his wife was. The team found 33 bags of a banned insecticide, Fhorate, which the government had banned because it is dangerous. The team claimed that Chavhan planned to sell it despite the ban.
"The said insecticide is harmful to human life and animals, therefore, the Central Government has stopped its production."
Chavhan's defense said the insecticide was not for sale. They argued it was mistakenly sent by a supplier and was kept in storage, not for selling. The court noticed mistakes by the authorities, like filing the police report before the chemical analysis report was ready.
"Just keeping it is no offense under the law."
The court pointed out that the Insecticides Act requires a specific method that wasn't followed, providing reasons to cancel the police report.
The court looked at different parts of the Insecticides Act, deciding that many of the alleged offenses didn't apply to Chavhan. However, they found violations of Rules 10-D and 15(2), which involve showing stock and price lists.
"No offense under various Sections/Rule is made out. However, as far as violation of Rules 10-D and 15 is concerned, it can be seen."
The court decided to cancel the police report and the following charge sheet, allowing prosecution only for the minor violations related to stock display.
