The State government cannot notify a laboratory to test samples of biopesticides by overriding a notification issued by the Central government under the Insecticides Act, 1968, authorising a particular laboratory to test biopesticides, the High Court of Karnataka has said while quashing a case registered against a trader based on results of tests conducted at a lab not authorised by the Centre.

The jurisdiction to test biopesticides lies with the National Institute of Plant Health Management (NIPHM), Hyderabad, in terms of the notification issued by the Centre and hence samples being sent to a laboratory, other than the NIPHM, has vitiated the entire proceedings initiated against the trader for alleged violations, said the court.

Justice M. Nagaprasanna passed the order while allowing the petitions filed by B.S. Suresh Babu, proprietor of Karnataka Traders, engaged in the business of sale and distribution of insecticides, vegetable seeds, and agriculture-related equipment, in Hoskote town, Bengaluru.

The petitioner had questioned the criminal proceedings initiated based on the complaint lodged by the Insecticide Inspector and the Assistant Agricultural Director based on the outcome of samples of biopesticides collected from his shop in 2021 and tested at a lab in Bengaluru that was authorised by the State government. The test results of biopesticide had found residues of certain chemicals in violation of the norms, leading to filling of the criminal case.

The court said it cannot order the retest of the samples now at the authorised laboratory as the samples have already lost their efficacy. It directed the State government to henceforth send the samples of biopesticides only to the laboratory in Hyderabad as per the law.