NARENDRA RAMLAL KAGLIWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) By this application, the applicant seeks to quash and set aside the proceedings in Regular Criminal Case No. 711/1991 on the file of C. J. M. Nanded for the offence punishable under section 420, Indian Penal Code.

(3.) The facts leading to the said case and the present application may be stated in brief thus: the applicant used to run a seeds shop in the name and style of 'amol fertilizers' as dealer of Mahyoo Seeds at Vazirabad, Nanded One Balaji vithalrao Devne, resident of Udgjr, who is a farmer went to the shop on 25-9-1991 for purchase of Sunflower seeds bag of Mahyco Company. He purchased one bag consisting of 3 kg. seeds of Sunflower, Maximum retail price of that seeds bag was Rs. 432/ -. However, the applicant charged Rs. 750/- from him for the said bag and also refused to issue any bill/memo or receipt for the same. As the applicant did not issue bill or receipt on sale of the bag of seeds, said Balaji became suspicious that the seeds could be bogus. Therefore, he immediately approached Police Station Vazirabad, Nanded and lodged the report. After receiving that report, P. S. I. Shivaji Patil of Vazirabad Police Station called two panch witnesses and informed them about the complaint of Balaji. It was decided to treat Balaji as a punter and to send him to the shop of the applicant for purchase of Sunflower seeds again. Currency notes of Rs. 750/- were handed over to him. Numbers of those currency notes were noted down. The punter, panch witness and the Police party went to that side again. As per directions balaji went to the shop to purchase 3 Kg. bag of Hybrid Seeds of Sunflower. The applicant sold him a bag of 3 Kg. Sunflower seeds with certain mark of Mahyco company, description of the seeds and maximum retail price Rs. 412=50 Ps. However, he received Rs. 750/- and did not issue any receipt or bill for the same. As per instructions, punter Balaji gave signal and immediately Police and panchas, went to the shop and seized the above referred currency notes of Rs. 750/- from the applicant. Printed receipt book revealed that the applicant was dealer of Mahyco Seeds Co. but the bag of the seeds was not properly labelled and sealed. In view of this P. S. I. Shivaji himself lodged F. I. R. and registered crime No. 356/91 under section 420 of Indian Penal Code. He recorded statements of some witnesses including the punter. He also collected information from the office of Maharashtra Hybrid Seeds Co. Ltd. Jalna (Mahyco) which revealed that the bag of the seeds with batch number was not the product of mahyco.