Andhra HC (Pre-Telangana)
Sai Seed Agricultural Farms, Rep. By Its ... vs State Of A.P. Rep. By Its Secretary, ... on 14 July, 1997
Equivalent citations: 1997(6)ALT32
Author: B. Subhashan Reddy
Bench: B. Subhashan Reddy, K.B. Siddappa
JUDGMENT B. Subhashan Reddy, J.
1. This writ petition raises an important point for consideration impinging upon the operation of general law, when special law is enacted for the said purpose. Concisely speaking, the doctrine of 'occupied field' arises for consideration.
2. The petitioners have been prosecuted in Crime No. 20/VC-ADB/90 for the offence punishable under Sections 7 and 8 of Essential Commodities Act, 1955 on the ground of violation of Clause 3(1) of Seeds (Control) Order, 1983. The writ petition was admitted and stay was granted and as such, prosecution did not proceed.
3. Mr. K. Ramakrishna Reddy, the learned Counsel for the petitioners submits that the prosecution is launched on the ground that the petitioners were processing cotton seed and the same was suspected to be spurious cotton intended for sale and that too, without licence and necessary documents and as such, they fall within the ambit of Seeds Act, 1966 and can be proceeded only in the manner indicated under the Seeds Act, 1966 and the rules titled "Seeds Rules, 1968" and that the prosecution launched under Seeds (Control) Order, 1983, which had been promulgated in exercise of the powers contained under Section 3 of the Essential Commodities Act, 1955, is unsustainable.
4. Countering his arguments, Ms. Rohini, the learned Government Pleader submits that Section 6 of the Essential Commodities Act, 1955 contains a non obstante clause and as such, anything repugnant in other enactment will have to yield to the jurisdiction of the authorities under the Essential Commodities Act, 1955 and submits that inasmuch as Seeds (Control) Order, 1983 is an Order framed in exercise of Section 3 of the Essential Commodities Act, 1955, that will prevail because of the above non obstante clause.
5. The Essential Commodities Act, 1955 is an enactment made in the interest of general public with respect to production, supply and distribution of, and trade and commerce in, certain commodities. The essential commodities are enumerated. The main object of the said Act is that the commodities which are essential for the citizens should be supplied without subjecting them to black-marketing which results in inflation of prices making them dearer for the general and common public who cannot purchase the same at the higher prices in black-market. In order to regulate the same, certain restrictions have been placed, which, if found reasonable and in consonance with Articles 14 and 19(1) (g) of the Constitution of India, will have force of law and the persons dealing in the said essential commodities have to adhere to the said conditions. This is in the interests of general public. With regard to seeds, there are two orders, one Central and another State. The Central Order is: The Pulses, Edible Oilseeds and Edible Oils (Storage Control) Order, 1977 and the State Order is: The A.P. Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982. There is another Order promulgated by the Central Government i.e. Seeds (Control) Order, 1983. All these orders deal with the seeds confined to the supply and the incidents thereof which may include the structure of the price, mode of distribution and even may include quality. But, if there is a separate legislation with regard to any of the said aspects specifically, the said aspect has to be dealt with only by that special law. The Seeds Act, 1966 is a piece of legislation of the Parliament providing for regulating the quality of certain seeds for sale and for matters connected therewith. 'Seed' under definition clause under Section 2(11) is an inclusive definition which reads as follows:
"2(11) "seed" means any of the following classes of seed used for sowing or planting -
(i) seeds of food crops including edible oil seeds and seeds of fruits and vegetables;
(ii) cotton seeds;
(iii) seeds of cattle fodder;
(iv) jute seeds, and includes seedings, and tubers, bulbs, rhizomes, roots, cuttings, all types of grafts and other vegetatively propagated material, of food crops or cattle fodder;"
Reading the scheme of Seeds Act, 1966 leaves no doubt that the special Act has been enacted only for the purpose of ensuring the quality of the seeds for agricultural purposes which is clear from Section 5 thereof which reads:
"5. Power to notify kinds or varieties of seeds:- If the Central Government, after consultation with the Committee, is of opinion that it is necessary or expedient to regulate the quality of seed of any kind or variety to be sold for purposes of agriculture, it may, by notification in the Official Gazette, declare such kind or variety to be a notified kind or variety for the purposes of this Act and different kinds or varieties may be notified for different States or for different areas thereof."
Section 6 confers power for specifying the minimum limits of germination and purity and Section 7 prescribes regulation of sale of seeds of notified kinds or varieties relatable to Section 5. Section 8 empowers the State Government or the Central Government in consultation with the State Government to establish a certification agency for the State to carry out the functions entrusted to the certification agency by or under this Act and the Central Seeds Certification Board is constituted under Section 8A. The Board which is constituted under Section 8-A can appoint as many committees as it deems fit, which power is traced to Section 8-B. Section 9 deals with the certificate to be issued by the certification agency and Section 10 deals with the revocation of the certificate in the circumstances stated. Section 11 provides for the appeal against the orders passed by, the certification agency under Sections 9 and 10. Seed Analysts are appointed under Section 12 and the Seed Inspectors under Section 13. The powers of Seed Inspectors are enumerated under Section 14 and the procedure to be followed by them under Sectionl5. The Seed Analyst issues reports under Sectionl6. There is a restriction placed on export and import of seeds of notified kinds of varieties under Section 17. The penalty provision is con tamed under Section 19 and so also forfeiture of property found offensive under Section 20. It is pertinent to mention that Court entertaining prosecution under the Seeds Act, 1966 is ordinary Court of the First Class Magistrate, while the offence under Essential Commodities Act is triable by a special Court constituted for trying such offences.
6. In view of what is stated above, it is now clear that while the Essential Commodities Act, 1955 is a general enactment and so also the orders promulgated thereunder including Seeds (Control) Order, 1983, the Seeds Act, 1966 is a special enactment later in time dealing only with the quality of the seeds for agricultural purposes so as to ensure proper quality for germination and consequent yield. A mere glance may lead in confusion that seeds are dealt with by both the enactments, but a closer look eliminates such confusion. While the Essential Commodities Act, 1955 and the Seeds (Control) Order, 1983 framed therein (sic. thereunder) deal with the seeds which are fit for human consumption, the authorities under the Seeds Act, 1966 are entitled to interfere and examine only in the case of seeds sold for agricultural purposes and not for edible purposes. We do not want to delve on the facts of this case for the reason that we have declared the law and it is for the Court-below to make a scrutiny as to whether in the facts ami circumstances of the case, the petitioners' activity falls within the ambit of the Seeds Act, 1966 in view of the principles stated supra. It is needless to mention that if the Special Court comes to the conclusion that the case falls under Seeds (Control) Order, 1983, then the prosecution will be maintainable under Section 3 read with Section 7 of Essential Commodities Act, 1955 and can proceed further. If the conclusion is that the case falls under the Seeds Act, 1966, then necessarily, the concerned Judicial First Class Magistrate, has to deal with the same. This has to be borne in mind by the Special Court while framing the charges and before that, the above issue has to be decided. The writ petitions are disposed of accordingly. No costs.