STATE Vs. R GOVINDASAMY

JUDGEMENT

(1.) The order of acquittal dated 13-09-2006 passed in Special Calendar Case No.542 of 2005 by the Judicial Magistrate No.II, Ponneri is being challenged in present criminal appeal.

(2.) The case of the prosecution is that the accused has been running the Company under the name and style of "Hari Seeds"and its main avocation is to produce and distribute seeds to consumers. On 16-12-2004, at about 2:00p.m., the concerned Inspector has inspected the business premises of the accused and taken some samples for the purpose of analysing genuinity and quality of seeds. The samples have been subjected to requisite examination and ultimately found that the same are having 53% of germination. Under the said circumstances, the accused has committed offences punishable under Sections 17(b) read with 6(a) and 19(a)(i) of Seeds Act. The complaint filed on the side of the prosecution has been taken on file in Special Calendar Case No.542 of 2005.

(3.) The Trial Court after considering the available evidence on record has found the accused not guilty under Sections mentioned in the charge and ultimately, acquitted him. Against the order of acquittal, the present criminal appeal has been prefered at the instance of the complainant, as appellant.