RISHI KUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the above captioned proceedings, powers under Sec. 482 of the Code of Criminal Procedure are sought to be exercised by the applicants, who are Directors/representatives of a private limited company, thereby praying to quash the FIR No. 195 of 2020 registered at Mantha police station along with consequential charge-sheet, for commission of offence under Sec. 420 read with sec. 34 of Indian Penal Code (IPC) read with Sec. 3(2)(A) and sec. 3(2)(F) of Essential Commodities Act, 1955 (for short, "E.C. Act, 1955") and Sec. 21 of the Seeds Act, 1966 and Clauses 3(1) and 8(A) of the Seeds (Control) Order, 1983.

(2.) Brief background giving rise to registration of offence Respondent no.2, an authorized officer of respondent no.1, on 4/6/2020, conducted raid on the shop, namely M/s. Sadguru Samarth Krishi Seva Kendra situated at Talani, Taluka Mantha, District Jalna, dealing in sale of various seeds. Respondent no.2, who is the complainant, has alleged that during the said raid, shop owner was found to be indulging in activity of sale of Soyabeen seeds, which were manufactured by applicant's company without requisite licence from the State of Maharashtra. So he set law into motion for above offences. Precisely, said FIR and charge-sheet emanating from the same are now sought to be quashed and set aside. RIVAL CONTENTIONS On behalf of Applicants :-

(3.) After giving brief introduction of applicant's private company, learned counsel for applicant submitted that, they are specialized in biological products for agriculture application and that company's products are renowned for its high quality and efficiency. It is pointed out that applicant has its own Storage and Sales facility in the State of Uttarakhand and that company had obtained valid State licence(s) as required under the Seeds (Control) Order, 1983, i.e. for sale/export/import and storage of seeds from licencing authority (Chief Agricultural Officer, Haridwar, Uttarakhand) on 2/1/2019. He further strenuously submitted that applicants do not have any Storage point or Sales outlet in the State of Maharashtra. According to him, their efforts in the State of Maharashtra are primarily focused in mere marketing and distribution of seeds through various dealers and distributors who possess valid licence(s) issued by the Government of Maharashtra. That, accordingly applicants sold its seeds to one distributor namely M/s. Sadguru Samarth Krishi Seva Kendra, Mantha, Jalna who is duly authorized by the State by virtue of valid licence to conduct sale of seeds in the State of Maharashtra.