JAGDISHBHAI VITTHALBHAI KANSAGRA Vs. P.P.THUMAR

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of rule for the respondent-State.

(2.) This application has been filed under Sec. 482 of Cr.P.C., for quashing and setting aside the complaint being Criminal Case No.4408 of 2006, filed by the respondent no.1-Agricultural Officer for the alleged violation of Sec. 6(a) and 7(b) of The Seeds Act, 1966 and rules thereunder.

(3.) Facts and circumstances giving rise to file present application are that, the applicant no.1 was having license to sell tomato seeds, whereas the applicant no.2 is in business of selling of tomato seeds and applicant no.3 is the Sales Officer. The respondent no.1 being an Agricultural Inspector, in exercise of powers conferred upon him by the Act, had visited the place of the applicants on 11/11/2005 and had drawn/collected sample of tomato seeds variety "S-22" bearing Lot No.131-0222/A. The sample so collected was sent for analysis to Seed Testing Laboratory at Junagadh. The report dtd. 17/12/2005, issued by Junagadh Laboratory shows that, the sample of tomato seeds was found substandard in GERMINATION TEST. The respondent no.1 had issued show cause notices to the applicants to which reply and details furnished by them. The respondent no.1 after considering the reply, thought it fit to file a private complaint for the alleged offence committed under Sec. 6(a) read with Sec. 7(b) of The Seeds Act, 1966, punishable under Sec. 19 of the Act. On receiving the summon, the applicants appeared before learned trial Court at Porbandar. The applicant no.2 moved an application for reanalysis of the said sample under Sec. 16(2) of The Seeds Act, 1966 to be sent to Central Seed Testing Laboratory at Varansi. Learned trial Court vide order dtd. 11/12/2014, rejected the application and observed that, the shelf life of the seeds had expired on 20/12/2005 and therefore, it could not yield any result, if sample will be sent to Central Seeds Testing Laboratory.