NARESH KUMAR Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant misc. petition has been preferred by the petitioner for quashing the proceedings of Criminal Case No. 68/2009 (347/2008) pending in the Court of learned Judicial Magistrate, First Class, Nohar, District Hanumangarh for the offences under Sections 6, 7 and 19 of the seeds Act.

(3.) The principle contention of the learned counsel for the petitioner on the basis whereof the proceedings of the complaint have been assailed is that the mandatory procedure prescribed for sampling of the seeds has not been followed in this case and therefore, the proceedings of the complaint are liable to be quashed. Learned counsel for the petitioner while referring to the complaint filed in this case by the Seed Inspector cum Agriculture Officer, submitted that as per the admitted fact mentioned in the complaint, the samples of the seeds were simply packed in the cloth bags and sent to the laboratory for analysis. He, therefore, contends that the mandatory procedure prescribed in the Seeds Act and Rules was not followed. Placing reliance on the decision of this Court in the case of Gauri Shanker & Ors. Vs. State reported in 2011(2) Cr.L.R. (Raj.) 1685 , learned counsel for the petitioner submits that the proceedings are liable to be quashed as the mandatory procedure of sampling has not been adhered to.