RAFEL DEL RIYO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this petition calls in question the proceedings in C.C.No.7/2021, pending before the Senior Civil Judge and JMFC, Byadgi, Haveri District for offences punishable under Sec. 6(a) read with Sec. 19(a) of the Seeds Act, 1966 ('the Act' for short).

(2.) Brief facts, as projected by the prosecution, are as follows:

(3.) On 2/3/2021, a show cause notice was issued by the complainant to the Company/Syngenta India Limited along with the report of the Seed Analyst, alleging that the seed was sub-standard and sought a reply at the hands of the Company to show cause as to why proceedings should not be initiated against the Company. The show cause notice was received by the Company on 11/3/2021 long after expiry of three days given to submit its reply. The Company responded to the show cause notice on 30/3/2021 disputing the findings of the Seed Analyst and placed on record several violations of the provisions of the Act while collecting and analyzing the sample that was submitted and also contended that since collection and determination of seed was in violation of the provisions of the Act, the entire process is a nullity.