R S ARORA Vs. STATE

JUDGEMENT

(1.) This petition under the Section 482 of the Code of Criminal Procedure, 1973 (in short the Code) has been filed by the petitioner R.S. Arora against the order dated 23-4-1985 of Shri A.S. Datkeer, Metropolitan Magistrate, Delhi and the order dated 6-1-1986 passed by Shri B.S Chaudhry, Additional Sessions Judge, Delhi and both these impugned orders are sought to be set aside and quashed together with the proceedings culminating therein. Vide the impugned order dated 23-4-1985 the learned magistrate ordered the issuance of notice under Section 250 of the Code after rejecting the application of the petitioner for discharge in the complaint filed under Sections 7/19 of the Seeds Act, 1966 (in short the Act). A revision petition was filed against the said order of the magistrate before the learned Additional Sessions Judge who vide his order dated 6-1-1986 dismissed the revision by observing that the various points urged in revision before him require to be thrashed out during trial.

(2.) The prosecution case is that on 5-1-1985 at 11.00 AM.Shri Madan Lal of M/s National Seed Store 118-A,Bharola,Azadpur, Delhi was keeping brinjal seeds for sale and at that time sample of seed of brinjal (of Pusa Kranti variety) was lifted by a Seed Inspector This seed was of M/s. Centuary Seed Pvt. Ltd., Anupam Bhavan, Nani Wala Bagh, Azadpur, Delhi. On examination by the Seed Analyst the sample was found substandard vide the report dated 1-3-1984 of the Seed Analyst The com,plaint was thereupon filed under Section 17/19 of the Act.

(3.) The petitioner R.S. Arora is engaged in the business of production quality control and distribution of vegetable.seeds.