Bombay High Court
Navin Ramanlal Shah (Rasi Seeds (P) Ltd vs The State Of Maharashtra Thr. Pramod ... on 24 July, 2019
Author: Rohit B. Deo
Bench: Rohit B. Deo
1 apl228.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.228 OF 2019
Navin Ramanlal Shah,
Aged 46 years, Occ. - Divisional
Business Manager, Rasi Seeds (P)
Ltd., C/o Bhagchand S. Bramhmarah
Plot No.28/4, Yogiraj Housing Society,
Parijat Nagar, N-4, CIDCO, Aurangabad
(M.S.) .... APPLICANT
VERSUS
1) The State of Maharashtra,
through Pramod Shivaji Bagde,
Aged 50 years,
Occupation - Agriculture Officer,
Panchayat Samiti, Digras, Tq. Digras,
(Zilla Parishad, Yavatmal), District
Yavatmal.
2) Director of Agriculture,
(Input and Quality Control), Pune. .... NON-APPLICANTS
______________________________________________________________
Shri I.M. Ghongade, Counsel for the applicant,
Shri K.J. Tople, Counsel for non-applicant 1,
Shri N.B. Jawade, Addl.P.P. for non-applicant 2.
______________________________________________________________
CORAM : ROHIT B. DEO, J.
DATED : 24th JULY, 2019
ORAL JUDGMENT :
Heard Shri I.M. Ghongade, learned Counsel for the ::: Uploaded on - 26/07/2019 ::: Downloaded on - 26/07/2019 23:03:01 ::: 2 apl228.19 applicant, Shri K.J. Tople, learned Counsel for non-applicant 1 and Shri N.B. Jawade, learned Additional Public Prosecutor for non-applicant 2.
2. With consent, the application is finally heard at the admission stage.
3. The applicant is seeking quashment of Complaint 543/2017 which is instituted by non-applicant 1 under Sections 6(b) and 7(c) of the Seeds Act, 1966 and Sections 2(viii) and 2(x) of the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixations of Sale Price) Act, 2009 ("Act" for short).
4. The short submission of the learned Counsel for the applicant is that the summons was received by the applicant on 29-1-2018 i.e. 1 month 3 days after the expiry of the shelf life of cotton seeds, with the result that the right of the applicant to refer the sample to the Seeds Testing Laboratory, which right is available under Section 9(4) of the Act, is lost.
5. It appears from record that the sample of hybrid cotton seeds non BT RCH variety was seized on 28-5-2017. The adverse report of the Seeds Testing Laboratory, Nagpur was received on ::: Uploaded on - 26/07/2019 ::: Downloaded on - 26/07/2019 23:03:01 ::: 3 apl228.19 28-6-2017, the complaint was instituted on 20-11-2017 and the summons were issued on 27-12-2017, in the interregnum on 24-12-2017, the shelf life of the sample expired, with the result that when the summons was served on 29-1-2018, 1 month 3 days after the expiry of the shelf life of the sample, the right to refer the sample to the Seeds Testing Laboratory stood nullified. The chronology of events is not in dispute.
6. In compliance with the order dated 01-3-2019, the Director of Agriculture, (Input and Quality Control), Pune has filed an affidavit dated 27-3-2019 placing on record the steps taken, and which are to be taken, for effective implementation of the Seeds Act and Rules. The repeated failure of the officers to ensure the service of summons-notice on the accused before the expiry of the shelf life of the sample constrained this Court to seek a response of the Director of Agriculture (Input and Quality Control), Pune. The statements in the affidavit are accepted as undertaking to this Court.
7. This Court has consistently followed the decision of the Hon'ble Apex Court in Maharashtra Hybrid Seeds Co.Pvt.Ltd. and others vs. The State of Maharashtra and others, (2017) 13 SCC 367, to hold that if the summons of the complaint is served after the expiry ::: Uploaded on - 26/07/2019 ::: Downloaded on - 26/07/2019 23:03:01 ::: 4 apl228.19 of the shelf life, the valuable right of the accused to seek reanalysis of the sample is lost and the continuation of the complaint is, therefore, be an empty ritualistic formality since the prosecution is bound to fail.
8. In this view of the matter, criminal application is allowed in terms of prayer clause (A), which reads as follows :
"(A) To quash and set aside the impugned Complaint S.C.C. No.543/2017 pending in the Court of learned Judicial Magistrate First Class, Digras, District - Yavatmal, which is filed by respondent, under Section 6(b) and 7(c) of the Seeds Act, 1966 and under Section 2(viii), 2(x) of the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixations of Sale Price) Act, 2009, and for that purpose issue necessary directions."
JUDGE adgokar ::: Uploaded on - 26/07/2019 ::: Downloaded on - 26/07/2019 23:03:01 :::