Law: Agricultural Pesticides Ordinance, (II of 1971)

Section: 3,21(1), 21(2)(b) & 21-A

(a) Agricultural Pesticides Ordinance, (II of 1971)-------Ss. 3,21(1), 21(2)(b) & 21-A---Punjab Agricultural Pesticides Rules, 2018, R. 13(1)(b)---Selling of expired / substandard pesticides---"Expired pesticide"--Scope---Whether or not, "expired pesticide" falls in the definition of "substandard" given in clause (rr) of S.3 of the Agricultural Pesticides Ordinance, 1971 (Ordinance)---Term "expired pesticide" is neither expressly defined nor mentioned in the Ordinance nor under Punjab Agriculture Pesticides Rules, 2018 (' the Rules 2018') and there is only one reference in R. 13(1)(b) of the Rules 2018---Term "substandard" in S.3(rr) of the Ordinance applies to two types of products: (a) the pesticide whose strength or purity falls below the purported standard or quality specified on its label or under which it is sold; (b) the pesticide whose valuable ingredient has been wholly or partially extracted---Pesticides that have passed their expiration date lose their effectiveness---They may also change chemical composition, harming not just the crop but also people and the environment--Pesticides sprayed too close to water might drift and deposit fine spray droplets away from their target, contaminating surface water---Drift incidents can pollute surface water more than runoff or leaching---Therefore, expired pesticides are included in part (a) of the definition of "substandard" given in S.3(rr) of the Ordinance---Consequently, the provisions of S.21(2)(b) apply when a person sells expired pesticides.(b) Criminal Procedure Code ( V of 1898)-------S. 498---Agricultural Pesticides Ordinance (II of 1971), Ss. 3, 21(1), 21(2)(b) & 21-A---Punjab Agricultural Pesticides Rules, 2018, R.13(1)(b)---Selling of expired / substandard pesticides , allegation of---Pre-arrest bail, refusal of---Laboratory test of pesticide, requirement of---Scope---Complainant (InspectorPesticides/Agriculture Officer), seized expired pesticides being offered for sale from the shop(general store) run by the petitioner/accused, and during interrogation, it was found that he(accused) had no license to sell such items--Contention of the accused/ petitioner was that the prosecution must demonstrate…

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