IMRAN MEMAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This order disposes of the petition filed under Section 482 of Code of Criminal Procedure, 1973, seeking quashing of FIR registered against the applicant vide Crime No.245/2020, consequent final report No.264/2020 and Criminal Case No.59/2020 pending in the Court of JMFC, Barwah for the offence under Sections 420, 467, 469 and 475 of Indian Penal Code,1860 along with Sections 7(1)(A)(II) and 7(2) of Essential Commodities Act, 1955.

(2.) The prosecution story in short was that on 01.05.2020, the Seed Inspector, Barwah lodged a report in police station Barwah, alleging that as per oral orders issued by the Sub-Divisional Officer, Barwah, he raided the warehouse (godown) of the petitioner, which is situated at village Manihar, Tehsil Barwah, District Khargone and found that petitioner was engaged in the activity of storing and packing of chilli seeds in the name and style of Synergy Seeds, Gujarat. The Seed Inspector had noticed that 40 kilograms of chilli seeds and 20 kilograms of loose chilli seeds had been stored and there was packing and sewing machine and empty pouches were also lying. The Seed Inspector asked the petitioner to produce the seed packaging license or the consent order from the concerned Government Department for engaging in seed packaging and storing activities of seeds. The petitioner failed to produce the same hence, a report was lodged on 04.05.2020 in writing alleging that the petitioner was doing the said act with an intention to cheat the farmers. The FIR was registered under the provisions mentioned in paragraph-1 of this order. Subsequently, on 06.05.2020, the warehouse of Synergy Seeds was raided by the police and 720 kgs. of seeds were seized. The petitioner was arrested but was granted bail by the High Court on 13.07.2020. The final report has been submitted on 25.06.2020.

(3.) Learned senior counsel for the petitioner has submitted that there is no provision of law requiring separate license for packaging of seeds. On the contrary, Rules 7 to 12 contained in Part-V of Seeds Rules, 1968 relating to marking and labeling shows that the duty to pack and to put labeling and marking is the implied duty of the licensee. As such, FIR and final report do not disclose any offence of contravention of Seeds (Control) Order, 1983, which would invite offence under Section 7(1)(A)(II) and/or 7(2) of Essential Commodities Act. The FIR and final report do not disclose as to what false document was made or used by the applicant. The petitioner submits that he is the proprietor of Synergy Seeds and has every right to use the packing material and labels of Synergy Seeds. He has been given the license No.258 dated 28.02.2018 issued under the Seeds (Control) Order, 1983 by the Deputy Director of Horticulture, Khargone as per which he is authorized to sell, export and store seeds at Barwah. He has further submitted certificate of registration bearing No.14312 for the period 2014 to 2018 issued under the Bombay Shops and Establishments Act, 1948 by the Shop Inspector, Upletta, District-Rajkot, Gujarat. He has further been given license No.23 dated 09.02.2017 issued under the Seeds (Control) Order, 1983 issued by the Deputy Agriculture Regulator-Extension, Rajkot, which authorizes him to sell, export and store seeds. Thus, the applicant is the proprietor of Synergy Seeds, Rajkot which were found in his warehouse. There is no question to counterfeiting any device or mark used authenticating any document when the device, mark and the product belongs to the petitioner himself and as such offence under Section 475 of IPC is not made out as there is no intention to cause wrongful gain to himself and/or wrongful loss to anybody. The provisions of Sections 467 and 469 of IPC are also not attracted and for the same reason, provisions of Section 420 of IPC are also not made out.