SHAMSUNDAR AGRAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the instant petition under S. 482, Cr. P.C. the petitioner seeks to challenge order dated 15-10-2003 passed by the Chief Judicial Magistrate, Rajsamand (for short, "trial Court" hereinafter) taking cognizance of offences under S. 7(b). The Seeds Act, 1966, read with Ss. 3/7, Essential Commodities Act against the petitioner as well as order dated 18-11-2004 passed by the District and Sessions Judge, Rajsamand dismissing the revision-petition filed by the petitioner.

(2.) The petitioner is claiming relief on the ground that he is working as Deputy Managing Director of Mahyco Seeds Ltd., having its registered office in Mumbai. The company in which the petitioner is Deputy Managing Director is engaged in the business of production, processing and marketing of high quality seeds for the farming community of India since 1964. The relevant facts of the case are that on 12-6-2003, complainant non-petitioner No. 2-Bhupendra Singh Rathore, Seeds Inspector and Agriculture Officer, Rajsamand made a surprise check at M/s. Mewar Krishi Kendra, Kankroli, owned by Bherulal Kumawat and took three samples of Jowar type MSH-51 Lot No. QRB- 1090358 and Jowar type MRS-4094 Lot No. RRA-100101 produced by Mahyco Seeds Ltd. and Maize (Makka) type Mani Kanchan having its Lot No. OCT-02-20-05-06 produced by R.M.S.C., Jaipur as per Seeds Act, 1966 under S. 15 and Seeds (Control) Order, 1983. He took three samples of the each commodity which were sealed. Out of three samples of seeds, the officer retained one sample each with the owner of M/s. Mewar Krishi Kendra, Kankroli and carried with him two samples for testing.

(3.) The prosecution case is that the said samples were sent to the Government Seeds Testing Laboratory, Jaipur on 16-3-2003. The testing report was submitted vide letter No. 816-17 dated 14-7-2003 in which the germination was found only 49%, instead of the required standard of 75% as per the Seeds Act. The non-petitioner No. 2 sent a show cause notice dated 21-7-2003 to M/s. Mewar Krishi Kendra, Holithada, Bhilwara Road, Kankroli and M/s. MahycoSeeds Ltd., Jalna, Maharashtra which was received to the company on 30-7-2003.