AVANI SEEDS LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. SK Patel for the applicants and learned APP Ms. Maithali D Mehta for respondent nos. 1 and 2.

(2.) By way of this petition the petitioners challenges the complaint being Criminal Case No:1277 of 2018, pending in the Court of Judicial Magistrate First Class, Dabhoi, Dist:Vadodara under section 6 and 7 of the Seeds Act,1966.

(3.) Learned Advocate Mr. Patel has drawn the attention of this Court to paragraph no.2 of the complaint, which shows that the samples of the seeds were drawn on 23.02.2017, whereas in the complaint itself it is mentioned that the seeds belong to a company called Avani Seeds Ltd., wherein lot number was also mentioned in the complaint along with the production date i.e, 18.01.2017. The complaint also mentions that the seeds in question had valid shelflife up to 17.10.2017. Learned Advocate further draws attention of this Court to paragraph 3, where the report of the laboratory has been supplied to the applicant which is dated 22.03.2017. Learned Advocate has thereafter, drawn attention of this Court to the provision of Section 16 of the Seeds Act which reads thus: