AGARWAL FERTILIZERS AND CHEMICALS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the present misc. petition under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioners have challenged the order dtd. 20/6/2018 passed by learned Chief Judicial Magistrate, Hanumangarh, (hereinafter referred to as the trial court) whereby cognizance has been taken against the petitioners for the offence under Sec. 8-A, 13(1)(c) of Seed Control Order, 1983 (hereinafter referred to as the order of 1983) read with Sec. 3/7 of Essential Commodities Act, 1955.

(2.) Learned counsel for the petitioners took the Court through the seizure memo/mouka parcha to highlight that the samples of the seeds which were collected from the petitioners' premises were packed in a cloth bag and, therefore, the same is contrary to law as the seeds can gather moisture.

(3.) In support of the contention aforesaid, learned counsel for the petitioners relied upon the judgment of Coordinate Bench of this Court rendered in the case of Gulshan Kumar v. The State of Rajasthan and Anr. (S.B. Criminal Misc. Petition No. 123/2013) and S.B. Criminal Misc. (Pet.) No. 6374/2021 (M/s. Shakti Vardhak Hybrid Seeds Private Limited v. The State of Rajasthan) and submitted that the petitioners' case is squarely covered by the judgments aforesaid.