THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.24592 of 2002 ORDER: The petitioner undertakes distribution of insecticides and pesticides. Samples of Metalaxyl 8% and Mancozeb 64% from W.P.Batch No.KMZ-108, manufactured in July, 2002, were drawn by the Agricultural Officer, Ieeza, Mahabubnagar District, on 24.09.2002. The samples were drawn from the distributors of the petitioner. The product was analysed in the Government laboratory and on finding that the same were misbranded, a show cause notice was issued to the petitioner on 02.11.2002. The petitioner submitted explanation on 11.11.2002, contesting the allegation against it. On finding that the explanation offered by the petitioner is not satisfactory, the respondent issued the proceedings, dated 23.11.2002, restraining the petitioner from stocking, selling and distributing the product for a period of six months. This was said to be an interim measure under Section 35 of the Insecticides Act, 1968 (for short ‘the Act’). The same is challenged in this Writ Petition. Heard learned counsel for the petitioner and learned Government Pleader for Agriculture. The respondent passed the impugned order under Section 35 of the Act. That provision has nothing to do with the power to cancel, suspend or vary the conditions of licence. Obviously, he exercised powers under Section 14 of the Act. It empowers the respondent to revoke, suspend or amend the licence. Here again, the suspension that can be ordered by the respondent is by way of substantive punishment, but not as an interim measure. Through the impugned order, the suspension was ordered for a period of six months, as an interim measure. This is outside the scope of provision. Be that as it may, while admitting the writ petition on 11.12.2002, this Court directed that the impugned order shall be confined to the two products mentioned therein, that too of the concerned batch. With the passage of time, the batch has virtually become extinct. Therefore, nothing remains to be decided in this Writ Petition. The Writ Petition is accordingly closed. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dt.29.12.2008 GJ