MAHENDRA HYBRID SEEDS CO PVT LTD Vs. STATE

JUDGEMENT

(1.) THE first petitioner is a company incorporated under the provisions of Companies Act 1956, having its Registered Office at "Mahalakshmi Compound" A-10/11, old MIDC Area, Post Box " 52, Jalna " 431203. THE place of business is at Hyderabad. THE second petitioner is serving as Production Manager of the first petitioner company. On 15.06.2004, the Seed Inspector, who is the complainant in S.T.C.No.517 of 2005 on the file of the Judicial Magistrate-III, Salem, inspected the business premises of Sree Vishnu Traders in Salem and drew three samples of various seeds Hybrid Maize and Tamoto as per procedure. THE samples were sent to Seed Testing Officer, Dharmapuri for germination and physical purity tests and some other samples were sent to the Seed Analysit (Genetic purity), Coimbatore for Genetic Purity Test, as per rules. THE remaining one set of samples from each item was retained by the Seed Inspector himself.

(2.) THE report of the Seed Analyst (Genetic purity) is dated 18.09.2004 under Form -7, which shows that the Hybrid Maize kept by the Accused for sale was sub-standard and was having only 40% Genetic purity against the notification of Government of India in S.O.No.882(E) dated 18.12.1991. As per the prescribed norms, the Hybrid Maize Seed should have 95% Genetic purity (minimum).

(3.) IT is the outcry of the petitioners that their valuable rights have been taken away by the lethargic attitude on the part of the complainant and if the complaint has been laid earlier, they might not have been deprived of their rights. The crux of the matter is, Statement II annexed to the complaint shows that the test of the sample seeds was undertaken on 03.05.2004 and the shelf life of the seed was valid upto 2.2.2005. Seed Test Certificate is dated 06.05.2004. But the complaint was presented into the Court only on 21.2.2005, after the expiry date 2.2.2005.