VIJAYKUMAR LAXMANBHAI CHAUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel appearing for the respective parties. Admit. Heard finally by consent.

(2.) By this application, the present applicant is seeking quashing of FIR in connection with Crime No.245/2020 registered with non-applicant No.1 police station for offences under Ss. 420 of the IPC and under Ss. 7(a), 7(b), 14, 7, 8, 9, and 10 of the Seeds Act, 1968 and under Sec. 3 of the Seeds Control Order 1983 and under Ss. 2, 4(1) (i)(ii), 4(b), 4(ii), 5(1), 5(2), 12, 11(1)(2)(6) of the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009 and under Ss. 7, 8, 15, and 16 of the Environmental Protection Act, 1955 and consequent proceeding arising out of the same bearing RCC No.54/2021 pending on the file of learned JMFC, Mul, district Chandrapur.

(3.) The crime is registered on the basis of a report dtd. 3/5/2020 lodged by non-applicant No.2 (the complainant) on allegations that he is The Taluka Inspector Officer and on 3/5/2020, he received a secret information that at mauza Bembal, taluka Mule, district Chandrapur, within territorial jurisdiction of Panchayat Samiti at Mul, one person, namely Rafique Shaikh Abdul Rashid, was carrying prohibited seeds B$III/HTBT/RRI in truck bearing registration No.MH-31/CQ/9882 in suspicious circumstances. Therefore, he intercepted the said truck and he found the truck driver is in possession of 3500 packets of cotton seeds. The said seeds were brought unauthorizedly and illegally and it was found that those seeds were banned. Therefore, panchanama was drawn in presence of panchas and those seeds packets were seized. Total muddemal of Rs.29,55,000.00 came to be seized along with the truck. On the basis of the said report, the police have registered the crime against the applicant and other co- accused.