SURAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally with consent of the learned Counsel for both sides.

(2.) By the present Application, the Applicants are seeking quashment of Regular Criminal Case No. 83/2019 pending on the file of Judicial Magistrate First Class, Ralegaon, District Yavatmal and Chargesheet No. 216/2019 dtd. 5/10/2019 arising out of Crime No. 161/2018 registered with Police Station, Wadki, Tahsil Ralegaon, District Yavatmal for the offence punishable under Ss. 420, 463, 465, 468 and 471 of Indian Penal Code read with Sec. 15 of the Environment (Protection) Act, 1986, Ss. 7, 8, 9, 10, 11, 12 and 13 of Seeds Act, 1968 and Rule 7 of the Seeds Rules, 1976, Ss. 2(8) and 12 of the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009, Ss. 3, 9(c), 10(ch) of Cotton Seeds Rule, 2010 and Ss. 3, 7, 8, 9, 10 of Essential Commodities Act, 1955.

(3.) It is the submission of the Applicants that there is no seizure of any contraband articles from their custody. The only allegation against them is that as per the statement of co-accused that fertilisers were supplied by the Applicants, Chargesheet came to be filed against them in the matter. However, considering the allegations, which are levelled against them, do not make out any offence as alleged against them, hence, they sought indulgence of this Court in the matter.