KONDA NIRMALA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner/A1 is questioning the prosecution in C.C.No.1658 of 2022 on the file of Special Judicial First Class Magistrate for Prohibition and Excise Offences at Nalgonda for the offense under Ss. 420, 417, 406, 409, 120-B of IPC.

(2.) It is the case of the prosecution that a complaint was filed by the Mandal Agricultural Officer on 16/7/2020 informing that on 28/6/2020 on the basis of credible information regarding spurious seeds being sold and without any valid permission, the premises of Aditya Agro Products, Srinagar Colony, Nalgonda was searched. In the said premises, Bt Cotton Hybrid seeds belonging to Niagara seeds company and Sri Seetharama seeds company were found and they were sealed in packets. However, the said packets were not in the company packets from which they were purchased. Hundreds of such packets were sold to the farmers and no permission letter was shown from Niagara Seeds Company. On verification, it was found that the dealer Aditya Agro Products had purchased Niagara Seeds from ARSK Shop, Amangal Mandal and also from Tirupathi Seeds and Fertilizers. The Seed bags were taken into possession and panchanama was conducted. Samples were drawn and sent for the purpose of examination to the lab. Though a show-cause notice was sent to the Aditya Agro Products, no reply was received. The complainant Mandal Agricultural Officer found that Aditya Agro Products, Niagara Seeds Copany and Sri Seetharama Seeds Company were all responsible for gaining wrongfully by selling spurious seeds to the farmers.

(3.) The Police, Nalonda II Town, having received the complaint registered the case for the offences under Ss. 420, 417, 406, 409 and 120-B of IPC and took up investigation.