Malle Venkat Reddy vs The State Of Telangana on 4 April, 2022

[Cites 36, Cited by 0]

Telangana High Court

Malle Venkat Reddy vs The State Of Telangana on 4 April, 2022

Bench: K. Lakshman

            HON'BLE SRI JUSTICE K. LAKSHMAN

             CRIMINAL PTITION No.4791 OF 2021
ORDER:

The present criminal petition is filed seeking to quash the proceedings against the Petitioner/Accused No. 4 in C.C. No. 1155 of 2020 pending on the file of Hon'ble XXIV Addl. Metropolitan Magistrate, Cyberabad at Hayathnagar.

2. Heard Mr. Jakkula Sridhar, learned counsel for the Petitioner and learned Assistant Public Prosecutor.

3. Facts of the case

i) The de facto complaint, who is arrayed as Respondent No. 2, is the Agricultural Officer, Hayathnagar Mandal. According to him, on 30.05.2020 he had credible information that some people were illegally processing and packing spurious cotton seeds without any valid license. He immediately informed the same to P.S. Hayathnagar and the SOT sleuths. The Respondent No. 2, P.S. Hayathnagar, SOT sleuths along with two panchas at around 15:30 entered into a room and found that the Petitioner herein along with two other accused were processing and packing spurious cotton seeds without any valid 2 KL,J Crl.P. No.4791 of 2021 license. A panchnama was conducted in presence of two witnesses and 28 plastic bags containing seeds weighing 50Kgs each, 1200 packets of seeds each containing 125gms of seeds, BG II cotton seeds of virat brand, two sealing machines, one labelling machine, two weighing machines, 3000 empty packing covers of Sarpanch Gold BG II, 1000 empty packing covers of Jio-279, 900 empty pouches of Keerthi Pink (Akshara Seeds) and 100 empty pouches of Rajcott were seized.

ii) On the same day, Respondent No. 2 at around 19:00 hours lodged a complaint with P.S. Hayathnagar which came to be registered as FIR No. 336 of 2020. Subsequently, a charge sheet bearing C.C. No. 1155 of 2020 was filed. As per the said charge sheet, Petitioner is arraigned as Accused No. 4 and it is alleged that the Petitioner herein along with other the accused was involved in packing and processing spurious seeds without displaying a valid license and that he has duped innocent farmers. The Petitioner herein along with other accused is charged with offences under Section 420 of the Indian Penal Code, Sections 6 & 7 of the Seeds Act, 1966 (hereinafter 'the Act, 1966) and Section 3(1), 7 & 18 of the Seeds Control Order, 1983 (hereinafter 'the order, 1983').

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iii) Therefore, the Petitioner has challenged proceedings in C.C. No. 1155 of 2020 and sought to quash the same.

4. Contentions of the Petitioner

i) The de facto complainant in his complaint stated that the accused are manufacturing and packing seeds without obtaining permission from the government. The complaint did not state that the accused were selling spurious seeds.

ii) The police have no power to register a crime and investigate offences under the Act, 1966 or under the Order, 1983.

iii) The procedure envisaged under the Act, 1966 and the Order, 1983 was not followed and the Police have illegally registered the crime and filed the charge sheet.

iv) Under the Act, 1966, the Seed Inspector is empowered to inspect, draw samples and send them for testing. If the tested seeds are found to be sub-standard, then the inspector has to issue a show cause notice to the person from whom the samples were drawn. If the inspector is not satisfied with the explanation, he has to obtain sanction from higher official for initiating prosecution. Only after 4 KL,J Crl.P. No.4791 of 2021 obtaining sanction, the Seed Inspector can file a complaint before the Magistrate.

v) The Police are not competent to determine the quality of seeds and it is the Seed Inspector who has to determine the quality after sending the samples for testing. The charge sheet is silent on whether the seized seeds were sent to laboratory and no report exists showing the seeds to be spurious or sub-standard. Reliance was placed on the decisions in Andhra Pradesh Farm Needs, Vijayawada v. State of Andhra Pradesh1, Korra Srinivas Rao v. State of Maharashtra2 and an unreported decision in Shiv Prasad Sahu v. State of Jharkhand3.

vi) The Petitioner is an engineering student and is falsely implicated. The proceedings against him under the Act, 1966 and the Order, 1983 are abuse of process and are liable to be quashed. Reliance was placed on Mukesh Kumar Mittal v. State of Telangana4.

1 . 2020 (1) ALD (Crl.) 142.

. 2002 (4) Mh.L.J. 368.

. Order dated 06.01.2022 in Cr. M.P. No. 1356 of 2017. 4 . (2015) 2 ALD (Cri) 274.

KL,J Crl.P. No.4791 of 2021 5. Contentions of Respondent No. 1 & 2

i) Whereas, learned Assistant Public Prosecutor, on instructions, would submit that there are specific allegations against the petitioner. He has cheated innocent farmers. The defences raised cannot be considered in an application filed under Section - 482 of the Cr.P.C. and he has to take the same during the trial and it is for the Trial Court to consider the same.

6. Findings of the Court

i) From the facts of the case, it is clear that the primary contention of the Petitioner is that the Police cannot register an offence under the Act, 1966 as they have no authority to determine whether the seized stock of seeds is of sub-standard quality. It was further contended that the procedure under the Act, 1966 and the Order, 1983 was not followed.

ii) Therefore, the question before this court is whether P.S. Hayathnngar were competent to register an F.I.R. for offences committed under the Act, 1966 and the Order, 1983 and whether the procedure laid down under the Act, 1966 was followed before registering the crime against the Petitioner herein. 6

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iii) Before discussing the issues involved in the case, it is essential to discuss the relevant provisions of the Act, 1966, Seed Rules, 1968 (hereinafter 'Rules, 1968') and the Order, 1983. The relevant provisions are extracted below:

Provisions under the Act, 1966:

"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."

"6. Power to specify minimum limits of germination and purity, etc.--The Central Government may, after consultation with the Committee and by notification in the Official Gazette, specify-- (a) the minimum limits of germination and purity with respect to any seed of any notified kind or variety; (b) the mark or label to indicate that such seed conforms to the minimum limits of germination and purity specified under clause (a) and the particulars which such mark or label may contain."

"7. Regulation or sale of seeds of notified kinds or varieties.--No person shall, himself or by any other person on his behalf, carry on the business of selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind."

"12. Seed Analysts.--The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Seed Analysts and define the areas within which they shall exercise jurisdiction."

KL,J Crl.P. No.4791 of 2021 "13. Seed Inspectors.--(1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Seed Inspectors and define the areas within which they shall exercise jurisdiction. (2) Every Seed Inspector shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1860) and shall be officially subordinate to such authority as the State Government may specify in this behalf."

"14. Powers of Seed Inspector.--(1) The Seed Inspector may--

(a) take samples of any seed of any notified kind or variety from-- (i) any person selling such seed; or (ii) any person who is in the course of conveying, delivering or preparing to deliver such seed to a purchaser or a consignee; or (iii) a purchaser or a consignee after delivery of such seed to him;

(b) send such sample for analysis to the Seed Analyst for the area within which such sample has been taken;

(c) enter and search at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed and order in writing the person in possession of any seed in respect of which the offence has been or is being committed, not to dispose of any stock of such seed for a specific period not exceeding thirty days or, unless the alleged offence is such that the defect may be removed by the possessor of the seed, seize the stock of such seed;

(d) examine any record, register, document or any other material object found in any place mentioned in clause (c) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act; and (e) exercise such other powers as may be necessary for carrying out the purposes of this Act or any rule made thereunder.

(2) Where any sample of any seed of any notified kind or variety is taken under clause (a) of sub-section (1), its cost, calculated at the rate 8 KL,J Crl.P. No.4791 of 2021 at which such seed is usually sold to the public, shall be paid on demand to the person from whom it is taken.

(3) The power conferred by this section includes power to break-open any container in which any seed of any notified kind or variety may be contained or to break-open the door of any premises where any such seed may be kept for sale: Provided that the power to break-open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the door on being called upon to do so.

(4) Where the Seed Inspector takes any action under clause (a) of sub- section (1), he shall, as far as possible, call not less than two persons to be present at the time when such action is taken and take their signatures on a memorandum to be prepared in the prescribed form and manner.

(5) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under Section 98 of the said Code." "15. Procedure to be followed by Seed Inspectors.--(1) Whenever a Seed Inspector intends to take sample of any seed of any notified kind or variety or analysis, he shall--

(a) give notice in writing, then and there, of such intention to the person from whom he intends to take sample;

(b) except in special cases provided by rules made under this Act, take three representative samples in the prescribed manner and mark and seal or fasten up each sample in such manner as its nature permits. (2) When samples of any seed of any notified kind or variety are taken under subsection (1), the Seed Inspector shall--

(a) deliver one sample to the person from whom it has been taken;

(b) send in the prescribed manner another sample for analysis to the Seed Analyst for the area within which such sample has been taken; and

(c) retain the remaining sample in the prescribed manner for production in case any legal proceedings are taken or for analysis by 9 KL,J Crl.P. No.4791 of 2021 the Central Seed Laboratory under sub-section (2) of Section 16, as the case may be.

(3) If the person from whom the samples have been taken refuses to accept one of the samples, the Seed Inspector shall send intimation to the Seed Analyst of such refusal and thereupon the Seed Analyst receiving the sample for analysis shall divide it into two parts and shall seal or fasten up one of those parts and shall cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the Seed Inspector who shall retain it for production in case legal proceedings are taken.

(4) Where a Seed Inspector takes any action under clause (c) of sub- section (1) of Section 14,--

(a) he shall use all despatch in ascertaining whether or not the seed contravenes any of the provisions of Section 7 and if it is ascertained that the seed does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock of the seed seized;

(b) if he seizes the stock of the seed, he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof;

(c) without prejudice to the institution of any prosecution, if the alleged offence is such that the defect may be removed by the possessor of the seed, he shall, on being satisfied that the defect has been so removed, forthwith revoke the order passed under the said clause.

(5) Where a Seed Inspector seizes any record, register, document or any other material object under clause (d) of sub-section (1) of Section 14, he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof."

"16. Report of Seed Analyst.--(1) The Seed Analyst shall, as soon as may be after the receipt of the sample under sub-section (2) of Section 15, analyse the sample at the State Seed Laboratory and deliver, in such form as may be prescribed, one copy of the report of the result of the analysis to the Seed Inspector and another copy thereof to the person from whom the sample has been taken.

KL,J Crl.P. No.4791 of 2021 (2) After the institution of a prosecution under this Act, the accused vendor or the complainant may, on payment of the prescribed fee, make an application to the court for sending any of the samples mentioned in clause (a) or clause (c) of sub-section (2) of Section 15 to the Central Seed Laboratory for its report and on receipt of the application, the court shall first ascertain that the mark and the seal or fastening as provided in clause (b) of sub-section (1) of Section 15 are intact and may then despatch the sample under its own seal to the Central Seed Laboratory which shall thereupon send its report to the court in the prescribed form within one month from the date of receipt of the sample, specifying the result of the analysis. (3) The report sent by the Central Seed Laboratory under sub-section (2) shall supersede the report given by the Seed Analyst under sub- section (1).

(4) Where the report sent by the Central Seed Laboratory under sub- section (2) is produced in any proceedings under Section 19, it shall not be necessary in such proceedings to produce any sample or part thereof taken for analysis."

"19. Penalty.--If any person-- (a) contravenes any provision of this Act or any rule made thereunder; or

(b) prevents a Seed Inspector from taking sample under this Act; or

(c) prevents a Seed Inspector from exercising any other power conferred on him by or under this Act, he shall, on conviction, be punishable--

(i) for the first offence with fine which may extend to five hundred rupees, and

(ii) in the event of such person having been previously convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."

Provisions under the Rules, 1968:

"13. Requirements to be complied with by a person carrying on the Business referred to in Section 7.--(1) No person shall sell, keep 11 KL,J Crl.P. No.4791 of 2021 for sale, offer to sell, barter or otherwise supply any seed of any notified kind or variety, after the date recorded on the container, mark or label as the date up to which the seed may be expected to retain the germination not less than that prescribed under clause (a) of section 6 of the Act.

(2) No person shall after, obliterate or deface any mark or label attached to the container of any seed.

(3) Every person selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of notified kind or variety under section 7, shall keep over a period of three years a complete record of each lot of seed sold except that any seed sample may be discarded one year after the entire lot represented by such sample has been disposed of.

The sample of seed kept as part of the complete record shall be as large as the size notified in the official Gazette. This sample, if required to be tested, shall be tested only for determining the purity."

"21. Duties of a Seed Analyst.--On receipt of a sample for analysis the Seed Analyst shall first ascertain that the mark and the seal or fastening as provided in clause (b) of sub-section (1) of section 15 are intact and shall note the condition of the seals thereon. (2) The Seed Analyst shall analyse the samples in accordance with the procedures laid down in the Seed Testing Manual published by the Indian Council of Agricultural Research as amended from time to time.

(3) The Seed Analyst shall deliver in Form VII, a copy of the report of the result of analysis to the persons specified in sub-section (1) of Section 16, as soon as may be but not later than 30 days from the date of receipt of samples sent by the Seed Inspector under sub-section (2) of the Section 15.

(4) The Seed Analyst shall from time to time forward to the State Government the reports giving the result of analytical work done by him."

"23. Duties of a Seed Inspector.--In addition to the duties specified by the Act the seed inspector shall-- (a) inspect as frequently as may 12 KL,J Crl.P. No.4791 of 2021 be required by certification agency all places used for growing, storage or sale of any seed of any notified kind or variety; (b) satisfy himself that the conditions of the certificates are being observed; (c) procure and send for analysis, if necessary, samples of any seeds, which he has reason to suspect are being produced stocked or sold or exhibited for sale in contravention of the provisions of the Act or these rules; (d) investigate any complaint, which may be made to him in writing in respect of any contravention of the provisions of the Act or these rules; (e) maintain a record of all inspections made and action taken by him in the performance of his duties including the taking of samples and the seizure of stocks and submit copies of such record to the Director of Agriculture or the certification agency as may be directed in this behalf; (f) when so authorised by the State Government detain imported containers which he has reason to suspect contain seeds, import of which is prohibited except and in accordance with the provisions of the Act and these rules; (g) institute prosecutions in respect of breaches of the Act and these rules; and (h) perform such other duties as may be entrusted to him by the State Government. "

"23-A. Action to be taken by the Seed Inspector if a complaint is lodged with him.--(1) If farmer has lodged a complaint in writing that the failure of the crop is due to the defective quality of seeds of any notified kind or variety supplied to him, the Seed Inspector shall take in his possession the marks or labels, the seed containers and a sample of unused seeds to the extent possible from the complaint for establishing the source of supply of seeds and shall investigate the causes of the failure of his crop by sending samples of the lot to the Seed Analyst for detailed analysis at the State Seed Testing Laboratory. He shall thereupon submit the report of his findings as soon as possible to the competent authority.

(2) In case, the Seed Inspector comes to the conclusion that the failure of the crop is due to the quality of seeds supplied to the farmer being less than the minimum standards notified by the Central Government, 13 KL,J Crl.P. No.4791 of 2021 he shall launch proceedings against the supplier for contravention of the provisions of the Act or these Rules."

Provisions under the Order 1983:

"3. Dealer to obtain licence.--(1) No person shall carry on the business of selling, exporting or importing seeds at any place except under and in accordance with the terms and conditions of licence granted to him under this order.

(2) Notwithstanding anything contained in sub-clause (1), the State Government may, by notification in the Official Gazette, exempt from the provisions of that sub-clause such class of dealers in such areas and subject to such conditions as may be specified in the notification."

"7. Renewal of licence.--(1) Every holder of licence desiring to renew the licence, shall, before the date of expiry of the licence, make an application for renewal in duplicate, to the licensing authority in Form 'C' together with [a fee of rupees five hundred] for renewal. On receipt of such application, together with such fee, the licensing authority may renew the licence.

(2) If any application for renewal is not made before the expiry of the licence, but is made within one month from the date of expiry of the licence, the licence may be renewed on payment of [additional fee of rupees five hundred], in addition to the fee for renewal of licence."

"18. Maintenance of records and submission of returns, etc.--(1) Every dealer shall maintain such books, accounts and records relating to his business as may be directed by the State Government. (2) Every dealer shall submit monthly return relating to his business for the preceding month in Form 'C' to the licensing authority by the 5th day of every month."

iv) The procedure under the Act, 1966 and the Rules, 1968 was discussed and briefly summarized by the Supreme Court in The State 14 KL,J Crl.P. No.4791 of 2021 of Maharashtra v. Maharashtra Hybrid Seeds Co. Pvt. Ltd.5. The court also discussed the procedure to be followed by the Seed Inspector before conducting search and seizure under Section 14 of the Act, 1966. The relevant paragraphs are extracted below:

"11. The business of selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind or variety other than cotton seeds is regulated by Section 7 of the Seeds Act, 1966 and it is controlled by the Seeds (Control) Order, 1983. As per Section 7 of the Seeds Act, 1966, no person shall, himself or by any other person on his behalf, carry on the business of selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind or variety unless such seed conforms to the requirements as may be prescribed Under Section 7(a) to 7(d) of the Seeds Act, 1966.

12. Sections 12 and 13 of the Seeds Act enables the State Government to appoint persons as Seed Analysts and Seed Inspectors. The State Governments including the Government of Maharashtra through their functionaries of agricultural department exercises its power to have an effective control over the quality and quantity aspects of the agricultural inputs. In the State of Maharashtra, various officers working at state level, district level, sub-division level and taluka level are by virtue of their post have been notified as the Seed Inspectors in terms of Section 13 of the Seeds Act, 1966. These Seed Inspectors perform their duties as Quality Control 5 . AIR 2019 SC 3963.

KL,J Crl.P. No.4791 of 2021 Inspectors and also exercise powers to regulate the sale, export, import and storage of the seeds relating to the respective provisions of the Seeds Act, 1966, Seeds Rules, 1966, Seeds (Control) Order, 1983 and the provisions of the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Rules, 2010 etc.

13. Section 14 of the Seeds Act provides for the powers of Seed Inspector and Section 15 of the Seeds Act provides for the procedure to be followed by the Seed Inspectors in taking samples. As per the provision Under Section 14(1)(c) of the Seeds Act, 1966, the Seed Inspectors are empowered to search or inspect the premises any time, where the Seed Inspectors have reason to believe that such offence has been committed. As per Section 14(1)(d) of the Seeds Act, the Seed Inspector may examine any record, register, document or any other material object found in any place and if he has reason to believe that the record, register, etc., may furnish evidence of the commission of an offence punishable under the Act, he may issue a seizure order in Form IV of the Seeds Rules, 1966 and seize the records. As per Section 14(1)(e) of the Seeds Act, 1966, the Seed Inspector can exercise such other powers as may be necessary for carrying out the purposes of this Act or any Rule made thereunder.

14. As per Section 14(5) of the Seeds Act, 1966 the provisions of the Code of Criminal Procedure shall, so far as may be, apply to any search or seizure under this Section as they apply to any search or seizure made under the authority of a warrant issued Under Section 98 of the said Code.

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15. Section 15 of the Seeds Act stipulates the duties of the Seed Inspector. As per Section 15(1) of the Seeds Act, whenever an Inspector intends to take sample of any seed of any notified kind or variety for analysis, he shall give notice of such intention in writing in Form IV of the Seeds Rules, 1966 to the person from whose seed lots he intends to take samples. He shall, as far as possible, call not less than two persons to be present at the time when he draws sample(s) and take their signatures in Form VIII of the Seeds Rules, 1966. In terms of Section 15(2) of the Seeds Act, 1966, the Seed Inspector shall divide the representative sample drawn, into three equal and identical parts and (a) deliver one sample to the person from whom it has been taken; (b) send another sample in the prescribed manner for analysis to the Seed Analysts for the area within which such sample has been taken; and (c) retain the remaining sample in the prescribed manner for production in case any legal proceedings are taken or for analysis by the Central Seed Laboratory Under Sub- section (2) of Section 16 of Seeds Act, 1966, as the case may be. Section 15(5) of the Seeds Act provides for the safeguards regarding the seizure of the stock, record, register, etc. and after seizure of such record, register and other documents, he shall as soon as may be, inform the Magistrate and take his orders as to the custody thereof.

16. Rule 23 of Seeds Rules, 1966 provides for the "duties of a Seed Inspector" in addition to the duties specified by the Seeds Act. As per Rule 23(a) of the Seeds Rules, the Seed Inspector shall inspect as frequently as may be required by certification agency all places used for growing storage or 17 KL,J Crl.P. No.4791 of 2021 sale of any seed of any notified kind or variety. As per Rule 23(e) of the Seeds Rules, the Seed Inspector shall maintain a record of all inspections made and action taken by him in the performance of his duties including the taking of samples and the seizure of stocks and submit copies of such record to the Director of Agriculture or the certification agency as may be directed in this behalf. Rule 23(g) of the Seeds Rules enables the institution of the prosecutions in respect of any breaches of the Act or the Rules."

v) To further clarify the scheme of the Act, 1966, it is relevant to note that it was brought into force to regulate the quality of seeds and ensure that the prescribed standard of purity and germination is maintained. For this purpose, Section 5 of the Act, 1966 empowers the Central Government to notify the kinds or variety of seeds which, in their opinion, are necessarily to be regulated. Further, Section 6 of the Act, 1966 provides that the Central Government is empowered to specify the minimum limits of germination and purity of the notified kinds and varieties of seeds.

vi) To ensure that only the notified varieties and kinds of seeds of notified purity and germination are sold and distributed, Section 7 of the Act, 1966 mandates that no person shall sell, offer to sell, barter or otherwise supply any of the notified variety or kind of seed, unless 18 KL,J Crl.P. No.4791 of 2021 such seed can be identified as belonging to its kind and variety and conforms to the requirements of Section 6.

vii) To carryout the purposes of the Act, 1966, Seed Analysts and Seed Inspectors are appointed by the State Government under Sections 12 and 13 of the Act, 1966 respectively.

viii) In light of the contentions of the Petitioner, it is relevant to discuss the powers of the Seed Inspector. Section 14 deals with the powers of the seed inspectors. A bare reading of the provision indicates that wide powers are conferred on the seed inspectors to implement the provisions of the Act, 1966. The Seed Inspector has the power to collect samples of any seed of the notified kind or variety and send such collected samples to the Seed Analyst.

ix) The Seed Inspector is also conferred with the power to enter and search any place, at reasonable times, if he has any reason to believe that any offence under the Act, 1966 is being committed or has been committed. The Seed Inspector shall order in writing to the person in possession of such seeds, in respect of which an offence is said to be committed or an offence is being committed, to not dispose of the stock of any such seeds. The order directing not to dispose the 19 KL,J Crl.P. No.4791 of 2021 stock shall not exceed 30 days. The said order shall be issued in accordance with Form III of the Rules, 1968.

x) The Seed Inspector also has the power to seize stock of such seeds if such defect cannot be removed by the possessor. Section 14(2) provides that the Seed Inspector, on demand, shall pay the cost of the seeds which are taken as a sample to the seller/owner.

xi) The Seed Inspector also has the power to examine any record, register, document or any other material and seize the same if he has reasons to believe that such material may furnish evidence of commission of an offence under the Act, 1966. Section 14(3) provides that the Seed Inspector also has the power to break-open any container or break open any door if the owner or occupant of the premises refuses to open the door or refuses to open any container. Section 14(e) further enlarges the powers of the Seed Inspectors by conferring such other necessary powers to carry out the purposes of the Act, 1966.

xii) Further, Section 14(4) provides that a seed inspector shall collect samples under Section 14(1)(a) in the presence of atleast two persons. The Seed Inspector shall prepare a memorandum as 20 KL,J Crl.P. No.4791 of 2021 prescribed under Form VIII of the Rules, 1968 and obtain the signatures of the persons present when the samples of seeds were taken. Further, Rules 24, 25, 26, 29, 30, and 31 deal with the manner in which the samples are to be collected and dealt with.

xiii) Section 14(5) states that the provisions of the Code of Criminal Procedure, in relation to search and seizure, shall be followed by the Seed Inspector. It is to be noted that the Seed Inspector can also seek assistance to exercise his powers under Section 14.

xiv) Section 15 provides for the procedure to be followed by the Seed Inspector. If the Seeds Inspector intends to take sample, he shall give notice as prescribed under Form VI of the Rules, 1968 to the person from whom the sample is to be drawn. Section 15(2) provides that the Seeds Inspector has to draw three representative samples and mark/seal/fasten them accordingly. One sample is to be delivered to the person from whom it is drawn and the other sample is to be sent for analysis to the Seed Analyst. The remaining sample is to be retained by the Seed Inspector for production in case of a legal 21 KL,J Crl.P. No.4791 of 2021 proceeding or to send such sample for analysis to the Central Seed Laboratory under Section 16(2).

xv) According to Section 15(3), the person from whom the sample is drawn refuses to accept one part of the sample, the Seed Inspector has to inform the same to the Seed Analyst. The Seed Analyst after receiving the sample from the Seed Inspector shall divide it into two parts and deliver it back to the Seed Inspector when he delivers the analysis report. The Seed Inspector shall retain the returned sample in case legal proceedings are undertaken.

xvi) Section 15(4) provides the procedure to be followed by the Seed Inspector in case the seeds are seized after entry and search under Section 14(1)(c). The seized stock of the seeds is to be sent to the Seed Analyst as provided under Section 15(2) along with a memorandum prepared under Form V of the Rules, 1968. The Seed Inspector has to ascertain whether the seized stock of seeds violates the requirements of Section 7. If based on the Seed Analyst's report it is found that the seeds conform to the requirements of Section 7, the Seed Inspector shall immediately revoke the order of seizure under Section 14(1)(c) and take such action to return the seized stock. 22

KL,J Crl.P. No.4791 of 2021 xvii) Further, under Section 15(4)(b), the Seed Inspector seizing the stock of seeds and has to, as soon as possible, inform the magistrate about such seizure and obtain orders granting custody of the seized stock. Similarly, under Section 15(5) seizure of any record or material has to be informed to the magistrate and orders seeking custody have to be obtained.

xviii) Section 16 deals with the report of the Seed Analyst. The Seed Analyst shall analyse the sample as soon as it is received. A copy of the report of the analysis shall be sent to the Seed Inspector and another copy to the person from whom the sample was taken. A certificate in terms of Form VII is to be prepared stating the details of the test result.

xix) Under Section 16(2), the accused or the complainant can file an application before the court to send the remaining samples drawn under Section 15(2) to the Central Seed Laboratory for its report. The Court on receipt of such application has to ensure that the mark/seal/fastening as provided under Section 15(1)(a) are intact. After satisfying itself about the seal/mark/fastening, the court should send the sample to the Central Seed Laboratory. The Central Seed 23 KL,J Crl.P. No.4791 of 2021 Laboratory has to send its report to the court within one month from the date of receipt of the sample. It is relevant to note that the report of the Central Seed Laboratory will supersede the report of the Seed Analyst under Section 16(3).

xx) Section 19 of the Act, 1966 prescribes penalty if a person contravenes any of the provision of the Act or if he/she prevents the Seed Inspector from drawing sample or exercising any other power conferred on him.

xxi) In addition to the powers under Section 14 and procedure to be followed under Section 15, the Seed Inspectors are also bound by duties prescribed under Rule 23 of the Rules, 1968. Rule 23 deals lays down various duties of the seed inspector which include the duty to procure and send for analysis any samples of seeds which are suspected to be in contravention of the Act, 1966. Rule 23 further imposes a duty to investigate the complaints received, maintain record of all the inspections and institute prosecutions if any breaches of the Act, 1966 and Rules, 1968 are found.

xxii) Rule 23A of the Rules, 1968 provides the manner in which the Seed Inspector has to act if a complaint in lodged with him. 24

KL,J Crl.P. No.4791 of 2021 The said Rule states that if a farmer complains about failure of crop due to the defective quality of the seeds, the Seed Inspector should investigate and try to trace the source of supply of seeds. The failure of the crop is to be investigated by sending the samples of the seeds used by the farmer to the Seed Analyst for a detailed analysis. Further, under Rule 23A(2), if the See Inspector reaches a conclusion that the failure of the crop resulted due to the quality of seeds, he shall launch proceedings under the Act against the supplier of such seeds for contravention of the Act, 1966.

xxiii) As the Petitioner herein is also charged for breaching Clauses 3(1), 7 and 18 of the Order, 1983 it is relevant to discuss the same. The Order, 1983 was brought into force by the Central Government in exercise of the powers conferred under Section 3 of the Essential Commodities Act, 1955. The Order, 1983 mandates that a dealer who is involved in the business of selling, exporting or importing seeds has to necessarily obtain license under Clause 3(1). The said clause prohibits any person from carrying on business without a license. The Order, 1983, inter alia, prescribes the form and manner in which a license is to be obtained and renewed. Under Clause 7, the process of renewal of license is specified. The Order, 25 KL,J Crl.P. No.4791 of 2021 1983 under Clause 12 also provides for enforcement authorities which include Inspectors to be appointed by the State Government under Clause 12. Clause 13 enumerates the powers of the appointed inspectors which are similar to the powers of the Seed Inspector under the Act, 1966. Further, Clause 18 mandates that every dealer shall maintain books, accounts and records relating to his business as prescribed by the State Government.

xxiv) It is also relevant to note that any person contravening the provisions of the Order, 1983 is punishable under Section 7 of the Essential Commodities Act, 1955.

xxv) Therefore, to sum up, under the Act, 1966 it is the Seed Inspector who has the authority to ensure that the provisions of the Act including Sections 6 and 7 are not violated. If the Seed Inspector has a reason to believe that an offence has been committed or is being committed by producing, manufacturing or selling spurious seeds he has to necessarily follow the procedure envisaged under Section 14 and Section 15 of the Act, 1966 along with the Rules, 1968. The Seed Inspector before initiating prosecution for breach of Section 6 and 7 has to draw samples of the seeds and send them to the Seed Analyst 26 KL,J Crl.P. No.4791 of 2021 by following the procedure under the Rules, 1968 and Section 15 of the Act, 1966. If in the Seed Analyst's report, it is found that the seeds are spurious or sub-standard, the Seed Inspector can initiate prosecution under Rule 23A of the Rules, 1968 by lodging a complaint with the police.

xxvi) To launch prosecution for breach of Section 6 and 7 of the Act, 1966, drawing and testing of samples by the Seed Inspector by following the prescribed procedure is a sine qua non.

xxvii) Now coming to the facts of the case, the crime was registered by P.S. Hayathnagar after receiving a complaint from Respondent No. 2. It is relevant to note that Respondent No. 2 is an agricultural officer and not a Seed Inspector appointed under Section 13 of the Act, 1966. Further, the procedure under the Act, 1966 was not followed. As stated above, the Seed Inspector after drawing samples, a memorandum is to be prepared in accordance with Form V and Rule 29 of the Rules, 1968. Also, details of the seizure are to forthwith informed to the magistrate under Section 15(4)(b) of the Act, 1966. In the present case, the said procedure was not followed. 27

KL,J Crl.P. No.4791 of 2021 xxviii) While the charge sheet does allege that spurious seeds were processed using chemical treatments and the same were sent for testing, it fails to mention the details of the laboratory and the Seed Analyst to whom the seized seeds were sent for testing. Further, a bare reading of the FIR and the charge sheet indicates that the offences under Section 6 and 7 were registered without obtaining a report for the Seed Analyst as required under Section 16 of the Act, 1966. Respondent No. 2 and P.S. Hayathnagar could not have reached a conclusion that Sections 6 and 7 of the Act, 1966 were breached without a report from the Seed Analyst confirming that the seized seeds were spurious.

xxix) This Court agrees with the contention of the Petitioner that the procedure under the Act, 1966 was not followed. The Seed Inspector can initiate prosecution by lodging a complaint only after reaching a conclusion that seeds were being produced, manufactured, sold, offer to be sold in breach of Section 6 and 7. Police officers cannot register an FIR under Section 6 and 7 of the Act, 1966 without there being a report of the Seed Analyst confirming breach of Sections 6 & 7 and a complaint from the Seed Inspector. Further, the Seed Inspector is not required to obtain any sanction from a higher official 28 KL,J Crl.P. No.4791 of 2021 to initiate prosecution, it is enough if the Seed Analyst's report confirms that the seeds were not of required quality.

xxx) However, this Court cannot accept the contention that Rule 23A of the Rules, 1968 was breached. In the present case, Respondent No. 2 claims to have received credible information that spurious seeds were being processed. He did not receive any complaint from a farmer alleging failure of crops due to such seeds. Therefore, Rule 23A and the judgments relied by the Petitioner are not relevant.

xxxi) In the absence of any proof that the seeds were spurious, offence of Section 420 of the Indian Penal Code also does not apply to the Petitioner herein. Moreover, there is no allegation that the petitioner induced the complainant from the inception. Thus, the contents of the charge sheet lack the ingredients of Section - 420 of the IPC.

xxxii) It is relevant to note that the offences under Clauses 3(1), 7, and 18 of the Order, 1983 are also alleged against the Petitioner herein. The said offences deal with failure to obtain license by a dealer who is involved in the sale, import and export of seeds. 29

KL,J Crl.P. No.4791 of 2021 The said provisions are not applicable to the Petitioner herein as he was not involved in the sale of the seeds. A perusal of the witness statements and the charge sheet reveals that the Petitioner herein is the son of Accused No. 2, who is allegedly a partner in the business. Nothing specific has been alleged against the Petitioner to indicate that he was involved in the sale/import/export of seeds without license. Therefore, merely because the Petitioner was found packing the seeds, it cannot be said that he was involved in selling of seeds without any license. Therefore, offences under the Order, 1983 are not attracted towards the Petitioner.

7. Conclusion:

i) In light of the aforesaid discussion, proceedings in C.C. No. 1155 of 2020 are liable to be quashed against the Petitioner herein.

ii) The present Criminal Petition is accordingly allowed and the proceedings in C.C. No. 1155 of 2020 pending on the file of Hon'ble XXIV Addl. Metropolitan Magistrate, Cyberabad at Hayathnagar, are hereby quashed against the Petitioner - accused No.4.

KL,J Crl.P. No.4791 of 2021 As a sequel, the miscellaneous petitions, if any, pending in the criminal petition shall stand closed.

_________________ K. LAKSHMAN, J 4th April, 2022 Mgr

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