REGISTRAR JUDICIAL Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Learned counsel Shri. Sanjeev Deshpande submitted that he is fling appearance for respondent Union of India. Today, learned counsel Shri. More made some submissions and in response to those submissions the learned Public Prosecutor made some submissions.

(2.) Learned counsel Shri. More submitted that he has already fled the petition, a copy with the ofce, though the copy is not before the Court. Today, the learned Public Prosecutor fled compilation of more documents. The learned Public Prosecutor submitted that show cause notices are given against various seed companies as complaints are received against them that the seeds purchased by the farmers did not germinate. He submitted that as many as 23 crimes are registered on the basis of complaints received from farmers.

(3.) In the frst order made by this Court, this Court has made it clear that the ofence will be treated as cognizable ofence as farmers are cheated and by using section 420 of I.P.C. the crimes can be registered in the police station. It appears that more than 22000 farmers of this region approached the authority, the ofcer appointed under the Seeds Act , but they did not approach police. It is already made clear that if the ofcers appointed under Seeds Act are not acting, farmers are at liberty to approach police and police can register the crimes for ofences punishable under section 420 of I.P.C. and the provisions of Seeds Act can also be used. To see that the procedural provision of the Special Enactment is complied with, the police can call the ofcer appointed under the Seeds Act and ask him to comply the procedure like seizure of the sample, sending the sample for tests and drawing the panchanama etc. If he fails to do so, police can take action against him for refusing to obey the order and he can be made accused in that crime. This Court has already observed that there is every possibility that ofcers are hands in gloves with the traders and the companies producing such seeds and that is why the actions are not being taken. Today's submission that even when 22831 complaints are received, only 23 F.I.Rs. are registered gives strength to that probability. The submissions made and the record show that the crimes are registered against two companies like Green Gold from Aurangabad and Eagle Seeds from Indore. If the seeds of a particular batch of these two companies failed in the test, the authority and police can go with the presumption that under that batch the seeds were not of expected quality and that is why they did not germinate. If the complaints are received from farmers in respect of same batch, the ofcers appointed under the Seeds Act and police should not hesitate to take further action as there is already test report and that they are of that batch. It appears, that is not being done. Learned counsel Shri. More drew the attention of this Court to various provisions of the Seeds Act and he submitted that unless there is random testing as provided in the Act, the seeds cannot be disbursed in the market. This Court will be going through that record of random test and such direction is also given. This Court will be identifying the ofcers who have shirked the responsibility and who have avoided to take action against the companies and vendors and for that, the record is to be preserved as already observed by this Court.