MALLELA LAXMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners, who were accused in C.C. No. 51 of 2001 on the file of the II Additional Judicial First Class Magistrate, Khammam, invoke the inherent powers of this Court under Section 482, Cr.P.C. to quash the proceedings in the above C.C.

(2.) A brief r?m?f the background of the facts is necessary for disposal of this petition. The 1st petitioner is a dealer in pesticides and seeds. He is carrying on his business at Mudigonda in Khammam district. The 2nd petitioner is the wholesale dealer, who supplies the seeds to the 1st petitioner. The 3rd petitioner is the Production Manager of M/s. Hindustan Lever Private Limited. The Seed Inspector Sri. V. Jayaraju took sample of the seed after serving notice in Form 6 from the shop of the 1st petitioner. He sent one part of the sample to the Assistant Director, Agriculture (Seed Testing Laboratory), Tadepalligudem on 6-7-2000 by registered post and the remaining part of the sample was retained with the Assistant Director of Agriculture for safe custody. On 31-7-2000 a report was sent by the Assistant Director, Agriculture (Seed Testing Laboratory), Tadepalligudem. He has declared that the seed was sub-standard and the germination was found to be 73% as against the requisite 90%. A copy of the said report was served on the 1st petitioner on 14-8-2000. Thereupon, the Assistant Director, Agriculture launched a complaint before the IInd Class Additional Munsif Magistrate, Khammam, who took it on file under Section 7-B read with Section 19(a)(i) of the Seeds Act, 1966 ( the Act' for short). The same is numbered as C.C. No. 51 of 2001. Aggrieved by the same, the petitioners have approached this Court seeking quashing of the proceedings in the above C.C.

(3.) Sri E. Manohar, learned counsel appearing for the petitioners contends that the truthful label of the seed in question was not filed with the complaint and it was intentionally withheld. It is also contended by the learned Senior Counsel that the petitioners' right to send the sample to the Central Seed Testing Laboratory has been lost as the shelf life of the seed expired on 28-2-2001 and hence prejudice is caused.