Get seized bio-pesticides tested at Hyderabad insecticides lab: Karnataka HC

Bengaluru: The high court has mandated that seized bio-pesticides must be tested at the Hyderabad-based Central Insecticides Laboratory.
Justice M Nagaprasanna issued the directive recently while accepting 13 petitions from B Suresh Kumar, who owns Karnataka Traders in Hoskote, Bengaluru Rural district, which deals in insecticides, vegetable seeds and agricultural equipment.
Following a July 15, 2021 inspection of the petitioner's establishment, the authorities seized certain "plant protector" bio-products. The Pesticide Residual Analysis Laboratory at Banashankari, Bengaluru, analysed the seized samples. On Aug 9, 2021, it reported finding three chemical residues, leading to a show-cause notice to the petitioner for violating the Insecticides Act and Rules. He requested retesting at the Hyderabad lab and paid the requisite fees.
The Central Insecticide Laboratory's report showed only one chemical at 0.089%, whilst confirming two chemicals from the initial testing. Despite the discrepancies, the authorities filed private complaints and a trial court issued a summons, which the petitioner challenged in the high court. The petitioner contended that the Union govt's department of agriculture and cooperation had designated a specific laboratory for bio-pesticide testing. "The samples were not sent to that laboratory. Opining that the samples were insecticides, they were sent to the pesticide residual analysis lab," he said, adding that the proceedings initiated against him were illegal. The additional state public prosecutor argued the Banashankari laboratory was properly designated, making the analysis valid.
Justice Nagaprasanna emphasised that bio-pesticides and insecticides require different analyses, with the Central Insecticides Laboratory at the National Institute of Plant Health Management, Hyderabad, being officially designated for bio-pesticide testing.
The court concluded that sending samples to unauthorised laboratories invalidated the entire proceedings. It quashed the proceedings against the petitioner while noting the authorities may pursue cases as per legal needs.