V CHANDRU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed u/s. 482, Cr. P. C. challenging the initiation of proceedings in Spl. Case No. 101/2001 on the file of the Principal District and Sessions Judge, Mysore, as well as quashing the entire proceedings.

(2.) THE brief facts necessary for consideration are as follows :

(3.) ON an inspection held on 31-8-98 by the Complainant-Seeds Inspector of the shop of petitioner No. 1, suspecting that certain seeds were sub-standard, the same were seized by the complainant. After following the due procedure as prescribed under the Seeds Act, 1966, by dividing the samples from such seeds taken, into three parts, one was given to the accused-petitioner No. 1, another retained by the complainant and the third was sent to the Seed Testing Laboratory at Hebbal, Bangalore. According to the complainant, on 19-9-1998, he received the report showing that the seeds so seized and sample tested were sub-standard, accordingly, a notice was issued to the accused. Thereafter, on 6-6-2001, as the act of petitioner No. 1 was in contravention of the provisions of the Act and liable to be criminally prosecuted and punished u/s. 19 of the Act, the complaint u/s. 200, Cr. P. C. came to be lodged. On receipt of the complaint, the learned Judge took cognizance against the accused for the offence u/s. 19, read with Ss. 6 and 7 of the Seeds Act and issued process. As against the same, the petitioners have approached this Court challenging the correctness and validity of launching of prosecution itself.