C.W.P. No.3983 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.3983 of 2007 Decided on : 19-11-2008 Prathista Industries Ltd. .... Petitioner VERSUS State of Punjab & another .... Respondents CORAM:-HON'BLE MR. JUSTICE HEMANT GUPTA. HON'BLE MR. JUSTICE NAWAB SINGH. 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3.Whether the judgment should be reported in the Digest ? -.- Present:- Dr. Anmol Rattan Sidhu, Sr. Advocate with Mr. Kulwinder Singh, Advocate for the applicant-petitioner. Mr. Sandeep Moudgil, D.A.G., Punjab. HEMANT GUPTA, J The petitioner has invoked the writ jurisdiction of this Court to permit the petitioner for the sale and distribution of bio-products including from the licensed premises of the dealers/stockists in the State of Punjab under the Insecticides Act, 1968 and Fertilizers Control (Order) Act, 1985. It is the case of the petitioner that they have set up first bio- agriculture product plant in the year 1998 and the petitioner is selling their bio-products and organics fertilizers in the different States of the country. The petitioner intends to market these alleged bio-agriculture products through its dealers/distributors in the State of Punjab. It is objected by the State on the ground that the petitioner wants to sell those products which are not covered under the Fertilizer Control Order , 1985. C.W.P. No.3983 of 2007 -2- The petitioner has appended Annexure P-14 letter dated 17.10.2008 issued by Indian Council of Agriculture Research. The said leter is to the effect that the request of the petitioner for conformation of Bio-efficacy report, is not dealt with by headquarters of Indian Council of Research. But the petitioner was advised to keep in touch with Regional Centres to test the organic products of the petitioner as per Indian Council of Agriculture Research norms. It is admitted fact that the petitioner has not sought the alleged bio-products tested from Punjab Agriculture University, the expert institute in respect of the fertilizers/insecticides to be permitted to be used keeping in view the ground conditions of Punjab. It is also required to be verified whether the products sought to be marked by the petitioner, have any chemical content and to what extent and whether such product is suitable for the use by farmers in the State of Punjab. In view of the said fact, we dispose of the present writ petition with liberty to the petitioner to get its bio-products tested from Punjab Agriculture University in accordance with law before the petitioner can be permitted to market products from its network of dealers and distributors in the state of Punjab. (Hemant Gupta) Judge 19th November 2008. (Nawab Singh) Monika Judge