Shankar S/O. Diwanji Pawade And ... vs State Of Maharashtra Thr. P.S.O. ...
2017 Latest Caselaw 8498 Bom

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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
 -------------------------------------------------------------------------------------------
 Shri Abhay Sambre, Advocate for applicants
 Shri S.S.Doifode, AGP for Respondent No.1 State
 -------------------------------------------------------------------------------------------
                           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

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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

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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

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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
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