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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 107 OF 2017
1] Shankar Diwanji Pawade,
aged about 48 years, Occ. Managing
Director, R/o. 323 Tahsil Road, Near
Laxmi Talkies, Jagannath Ward,
Hinganghat, Distt. Wardha.
2] Bhaurao Ganpat Gonde,
aged 63 years, Occ. Service,
R/o. Plot No. 16, Empress Mill,
Cooperative Society, Ring Road, Nagpur.
3] Sanjay Pandurang Dakhare,
aged 43 years, Occ. Director,
R/o. Behind Sai Temple, Near Relay
Centre, Chandrapur, Distt. Chandrapur.
4] Pradip Manikarao Patil,
aged 36 years, Occ. Service,
R/o. Near Laxmi Talkies, Jagannath
Ward, Hinganghat, Distt. Wardha.
5] Pravin Keshavrao Bobde,
aged 38 years, Occ. Service as
Area Manager. Rising Sun Seeds
Pvt. Ltd, Dhantoli, Nagpur,
R/o Sneha Nagar, Chandrapur...... APPLICANTS
...VERSUS...
1. State of Maharashtra,
Through P.S.O. Deori, Police Station
Deori, Distt. Gondia.
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2. Avinash Muneshwar Kotangale,
aged 50 years, Occ. Service, Quality
Control Inspector cum Incharge Sub
Divisional Agriculture Officer, Deori,
R/o. Telecom Colony, Bhojapur,
Post Bela, Distt. Bhandara. ...... RESPONDENTS
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Shri Abhay Sambre, Advocate for applicants
Shri S.S.Doifode, AGP for Respondent No.1 State
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
DATE : 7 NOVEMBER, 2017 .
JUDGMENT (P.C.)
Rule made returnable forthwith.
Heard the matter finally by consent of the learned counsels appearing for the parties.
2] This application seeks quashing of first information report registered vide Crime No. 141 of 2016 in Police Station Deori, District Gondia, against the applicants for the offence punishable under Sections 420, 406 of Indian Penal Code, Section 3(2)(d) of the Essential Commodities Act, 1955, Section 7(b) of the Seeds Act, 1966, Rule 13(1) of the Seeds Rules, 1968 and Section 8(a) of the Seeds (Control) Order, 1983.
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3] Shri Abhay Sambre, learned counsel appearing
for the applicants has urged that the registration of the offence against the applicants is made by way of counter- blast, as one of the accused in the present crime had levelled corruption charges against the then Sub Divisional Agriculture Officer Shri Yuvraj Sahare. It is also urged that the valuable right of the applicants under Section 16(3) of the Seeds Act to get the sample tested for its quality from the Central Seed Laboratory has been seriously hampered, as the prosecution is proposed to be instituted against them on the basis of the first information report in question. The applicants have placed reliance upon the decision of the learned Single Judge of this Court in case of Korra Srinivas Rao s/o Krishnamurthy and anr vrs. State of Maharashtra and others, reported in 2002 (4) Mh.L.J 368 and the decision of the another learned Single Judge of this Court in case of Managing Director, Mahyco Seeds Limited and ors vrs. State of Maharashtra, reported in 2015 ALL MR (Cri) 2134.
4] One Avinash Muneshwar Kotangale, a Quality Control Inspector cum Incharge Sub Divisional Agriculture ::: Uploaded on - 09/11/2017 ::: Downloaded on - 10/11/2017 01:37:35 ::: 4 apl107.17.odt Officer, Deori, District Gondia, lodged report with the respondent No.1 against the applicants Nos. 1 to 5 alleging that Rising Sun Seeds Pvt. Ltd, Nagpur, has sold "Balwan" paddy seeds with inferior quality, having low germinating capacity after conducting an enquiry and recording the statements of farmers who purchased the said deeds. On the basis of such report and complaint, the offences in question are registered against the applicants. 5] Undisputedly, on 11.08.2016, a show cause notice was issued by the Sub Divisional Agriculture Officer to the applicants, asking them to explain as to why necessary action should not be taken against them as per the provisions of Section 19 of the Seeds Act, 1966, for the reason that the seeds do not conform with the prescribed germination standard specified under Section 6(a) of the Seeds Act, 1966. The applicants filed their reply on 12.08.2016. 6] There was a trap laid on the then Quality Control Inspector cum Sub Divisional Agriculture Officer for demand of an amount of Rs.10,00,000/- for not filing police report against the applicants and he was caught red handed while ::: Uploaded on - 09/11/2017 ::: Downloaded on - 10/11/2017 01:37:35 ::: 5 apl107.17.odt accepting bribe of Rs.5,00,000/- from the applicant No.5. The first information report was lodged against him vide Crime No. 0128 of 2016 on 16.09.2016 and it is thereafter the first information report in question vide Crime No. 141 of 2016 was registered against the applicants on 19.10.2016. 7] In the decision of the learned Single Judge in case of Korra Srinivas Rao, cited supra, it is held that the Seed Inspector can launch proceedings in respect of complaints of farmers regarding failure of crop due to defective quality of seeds after detail investigation, but the Police authorities cannot investigate such cases. The offences registered against the applicant punishable under Section 420 read with Section 34 of Indian Penal Code as well as under Sections 78 and 79 of the Trade and Merchandise Marks Act and also under Sections 6A and 7 of the Essential Commodities Act were quashed and set aside. In the another decision in case of Managing Director, Mahyco Seeds Limited, cited supra, the learned Single Judge of this Court has taken a view that Section 16(2) of the Seeds Act confers a valuable right to get the sample tested for its quality from the Central Seed Laboratory and if the prosecution is ::: Uploaded on - 09/11/2017 ::: Downloaded on - 10/11/2017 01:37:35 ::: 6 apl107.17.odt instituted by the State, such right shall be seriously hampered. Applying the law laid down in these two decisions, we find that the application should succeed. We also find that the registration of offence against the applicants is by way of counter-blast with a vengeance. This amounts to abuse of the process of Court. In view of this, the offences registered against the applicants need to be quashed and set aside.
8] In the result, the application is allowed. First Information Report vide Crime No. 141 of 2016 registered against the applicants in the Police Station, Deori, District Gondia, for the offence punishable under Sections 420, 406 of Indian Penal Code, Section 3(2)(d) of the Essential Commodities Act, 1955, Section 7(b) of the Seeds Act, 1966, Rule 13(1) of the Seeds Rules, 1968 and Section 8(a) of the Seeds (Control) Order, 1983, is hereby quashed and set aside.
Rule is made absolute in these terms. No order as to costs.
JUDGE JUDGE
Rvjalit
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