MONSANTO INDIA LTD. Vs. STATE

JUDGEMENT

(1.) THE petitioners in Crl. O.P. No. 5899 of 2007 are the accused in C.C. No. 85 of 2007 on the file of the Judicial Magistrate No. II, Kovilpatti facing prosecution for the offences punishable under Section 7(l)(a)(ii) of the Essential Commodities Act, 1955 read with Section 8(A) read with 13(l)(c) of the Seeds (Control) Order 1983. The petitioners in Crl. O.P. No. 5903 of 2007 are the accused in C.C. No. 84 of 2007 on the file of the Judicial Magistrate No. II, Kovilpatti and they are also facing similar charges. In both the cases, the respondent is the Complainant. The petitioners have come forward with these Criminal Original Petitions, seeking to quash the said proceedings.

(2.) SINCE common questions of law are involved in these Criminal Original Petitions, this common order is passed.

(3.) THE main contentions in both the cases are as follows: -