THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.21749 of 2011 Date: 02.08.2011 Between : M/s. Biotech … Petitioner and The Commissioner & Director of Agriculture, Andhra Pradesh, Gunfoundry, Hyderabad and another. … Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.21749 of 2011 ORDER : The petitioner has filed this writ petition challenging the action of the 1st respondent, viz., Commissioner and Director of Agriculture, A.P., Hyderabad, in interfering with its business in manufacturing and sale of the bio-products. 2. The petitioner is a manufacturer/marketer of bio-products with various brand names. It claims that the said bio- products are manufactured without using any toxic chemicals and are useful to enrich the soil and ensure protection of land/crops from viral, bacterial, fungus and other infections, resulting in more production. According to the petitioner, the products manufactured by it are not covered either under the Insecticides Act, 1968 or Fertilizer Control (Order) Act, 1985. Therefore, there is no obligation on it to obtain licence under the said Acts for manufacturing/marketing the bio- products. Hence it is the case of the petitioner that the respondent has no jurisdiction to interfere with its business activities in dealing with the bio-products under the guise of the impugned Memo and the letter. 3. I considered this issue, which fell for consideration in W.P.No.17811 of 2011 and batch, dated 28-6-2011 and taking into consideration the facts and circumstances the said writ petitions were disposed of with certain directions. 4. Learned counsel appearing for the petitioner submits that this writ petition is squarely covered by the said orders and the learned counsel while consenting submit that the same order be passed in this case also. 5. Having regard to the said submission, the following comprehensive directions are issued: a) The petitioner shall submit a sample of 5 kgs., of each product dealt with by it together with the corresponding literature throwing light upon the manufacturing process as well as the contents thereof together with the composition/components of the products to the respondent herein. b) The petitioner shall remit a sum of Rs.5,000/- (Rupees five thousand only) along with the samples to the respondent to meet the expenses of analysis. c) Within eight weeks form the date of compliance of conditions as indicated in Clauses (a) and (b) by the petitioner, the respondent shall get the same analyzed in a suitable laboratory and intimate the result of the analysis to the petitioner. d) The petitioner shall also permit the officers authorized by the respondent to collect the samples from the manufacturing units/sale points. e) The petitioner shall furnish details of its sale points to the respondent for drawal of samples. f) In case, the analysis reveals that the products dealt with by the petitioner answer the description of the products mentioned in Schedule – III to the Control Order and the Insecticides Act, it shall be entitled to deal with the products only after obtaining licence under the Control Orders. On the other hand, if the result is found otherwise, the petitioner shall not be subjected to the regime under the Control Orders; and g) If the respondent fails to intimate the result of the analysis within eight (8) weeks from the date of submission of the samples, as indicated above, it shall be open to the petitioner to deal with the products, notwithstanding the impugned letter and the memo, as long as the products are not insecticides or chemicals. 6. It is also made clear that in the event the respondent receives any complaints from the ryots with regard to the quality of the bio- products supplied by the petitioner, it shall be open to the respondent to take necessary action in accordance with law. 7. Subject to the above directions, this writ petition is disposed of. No costs. _________________________ JUSTICE NOUSHAD ALI 02.08.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.21749 of 2011 02.08.2011 (Msr)