BHIMRAO SHIVAJI NAGARGOJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) This application has been moved for quashment of the proceedings in Regular Criminal Case No. 229 of 2021 pending on the file of Court of Judicial Magistrate, First Class, Tuljapur.

(3.) In short, the case of the prosecution is that M/s Vardaan Biotech Private Limited deals in business of seeds. Soybeans seed was supplied by the Company to the farmers during Kharip season of 2020. The seed which they had purchased did not germinate. They, therefore, made various complaints to the authorities. The F.I.R. therefore came to be registered at the instance of the Agriculture Officer against the company and the present applicant as well. The crime was registered against the applicant mainly on the ground of he being responsible person of the Company at the relevant time. The record indicates that the Investigating Officer on completion of the investigation filed charge-sheet against the applicant alone without proposing to prosecute the Company. The applicant was proposed to be prosecuted for the offence punishable under Sec. 420 of the Indian Penal Code and offence under Sec. 6(b) and 78(b) of the Seeds Act, 1966 read with rule 23 (b) of the Seeds Rules, 1968.