Shyam Lal Sohan Lal And Ors vs State Of Rajasthan

The petitioners have preferred this misc. petition under Section 482 Cr. P.C., for the following reliefs :-

"It is, therefore, most humbly and respectfully prayed on behalf of the petitioner that this criminal misc. petition may kindly be allowed and the proceedings pending against the petitioners/accused in the court of learned Chief Judicial Magistrate, Sri Ganganagar as Criminal Case No.193/2009 (State Vs. M/s. Shyamlal & Ors.) under Section 3/7 of the Essential Commodities Act, 1955 and Seeds (Control) Order, 1983 may kindly be quashed."

Briefly stated facts of the case are that on 06.9.2007 Seed Inspector filed a criminal before the court of learned Chief Judicial Magistrate, Sri Ganganagar against the present petitioners under Section 3/7 of Essential Commodities Act, 1955 and the order made Seeds (control) Order, 1983 with the allegation that M/s. Shyam Lal Sohan Lal is dealer of seeds having licence for selling seed valid upto 02.4.2009. The Seed Inspector further alleged that on 01.5.2007 he inspected shop of petitioner no.1 alongwith his associate Shri Bhanu Pratap, Agriculture Supervisor and thereafter while exercising powers vested under Section 14(1) (a) of Seeds Act, 1966 and Clause 13(1)(c) of the Seeds (Control) order, 1983 initiated proceedings for taking sample of high breed American Cotton Seed Quality Vasu 82 Lot No.MRH-06-07 Producer M/s. Singhal Enterprises, Sri Ganganagar certified American Cotton Seed Quality F-505 Lot No. Nov.06-20-66-39 Producer M/s. Maharaja Seeds. Then, the seeds were purchased as per provisions of the Seeds Act and Seeds (Control) Order, 1983 and three representative samples were prepared by following the procedure laid down in the Act as well as Order and were sealed. One sample was kept for referring sample and one sample was given to seller M/s. Shyam Lal Sohan Lal and third sample was sent to F.S.L. for testing.

Counsel for the petitioners further submitted that State Seed Laboratory, Durgapura, Jaipur by its report dated 13.6.2007 pointed out that the capacity of seed germination is 52% against recognized capacity of 65% and the seeds were having Fungus, thus, were not as per norm of standard.

Counsel for the petitioners alleged that a show cause notice was given to the producer as well as seller of having committed violation of provisions of Seeds (control) Order, 1983, which is punishable offence under Section 3/7 of the Essential Commodities Act, 1955, thus, a complaint was filed.

Counsel for the petitioner has drawn attention of Court towards Schedule-I of Seeds (Control) Order, 1983 as regards sealing, fastening, despatch and analysis of samples, more particularly, Clause(I), which reads as follows :-

(I) Manner of taking samples - Samples of any seed for the purpose of analysis shall be taken in a clean dry container which shall be closed sufficiently tight to prevent leakage and entrance of moisture and shall be carefully sealed.

Counsel for the petitioner has further drawn attention of Court towards the statement of Seed Inspector, relevant portion whereof reads as follows :-

"इसके बाद मैंने फर्म की दुकान पर मौजूद विभिन्न बीजों की किस्मों में से दो बीज कपास हाईब्रीड वासु 82 व कपास सीएस एफ 505 कटटों में से मिश्रण कर वासु 82 का आधा किलो तथा एफ 505 का 700 ग्राम वजन के नमूने लिये तथा जिसका भुगतान 465/- रूपये नकद किया, जिसका बिल प्रदर्श पी. 4 है जिस पर ए से बी बिल जारीकर्ता के हस्ताक्षर है। उक्त दोनों किस्मों के बराबर बराबर मात्रा में तीन तीन पैकेट कपड़ा की थैली में तैयार किया तथा उन्हें सीलमोहर किया।"

Counsel for the petitioners finally argued that the proceedings pending qua the petitioner is perverse and is nothing but an abuse of process of court, thus, the same deserves to be quashed and set aside. To substantiate his argument counsel for the petitioner relied upon judgment of this Hon'ble Court in Gauri Shanker & Ors. Vs. State of Rajasthan reported in 2012 (2) WLC (Raj.) 673, as per which, the sample taken by the Seed Inspector will be held to be not in accordance with law if sample was taken in cloth bag, thus, was held to be in gross violation of the provisions of Seeds Act.

After hearing counsel for the parties and perusing record of case as well as the Seeds Act, 1966, this Court is of the opinion that there was violation of mandatory procedure prescribed as regards the manner in which the sample of seed was to be taken and packed. The essence of the procedure is that the sample should be taken in such a manner so as to prevent them from being exposed to moisture and sunlight else the standard of seed is bound to reduce.

The upshot of whole discussion is that instant criminal misc. petition is allowed. The proceedings pending against the petitioners before the court of learned Chief Judicial Magistrate, Sri Ganganagar in Criminal Case No.193/2009 (State Vs. Shyamlal & Ors.) under Section 3/7 of the Essential Commodities Act, 1955 and Seeds (Control) Order, 1983 are hereby quashed and set aside.