Bombay High Court
Madhav Govind Shembekar, M.D. Ankur ... vs The State Of Maharashtra Thr. P.S.O., ... on 20 February, 2019
Author: S.B.Shukre
Bench: S.B.Shukre, S.M.Modak
1 APL963.18(J)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.963/2018
1/ Madhav Govind Shembekar,
Aged about 75 years, Occn:Managing Director,
Ankur Seeds Pvt.Ltd., having its office at
27, New Cotton Market Layout, Nagpur.
2/ B.Chiranjeev Reddy,
Aged about __ years. Occn.-Service,
Dy. Regional Manager, Ankur Seeds Private Limited.
Malkapur, Tahsil Malkapur,
District Buldhana. ..APPLICANTS
--Versus ---
1. State of Maharashtra,
Through Police Station Officer,
P.S.Malkapur(City),
District Buldhana.
2. Dr. Pankaj Vinayakrao Chede,
Aged about 41 years, Occupation - Service,
R/o. Keshav Colony Camp,
Amravati, Gadge Nagar, Amravati .. RESPONDENTS
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Shri Sunil Manohar, Senior Advocate with Shri A.A.Naik, Advocate for applicants.
Shri N.B.Jawade, APP for respondent no.1/State.
None for respondent no.2 though served.
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CORAM : S.B.SHUKRE and
S.M.MODAK, JJ.
DATED : 20.02.2019
ORAL JUDGMENT ( Per S.B.Shukre, J.)
1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.
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2 APL963.18(J)
2. The reply filed on record on behalf of the respondent no.1/State is clear and throws meaningful light upon the fate of FIR registered vide crime No.255/2018 for an offence punishable under Section 13 of the Maharashtra Cotton Seeds(Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009 (hereinafter referred to as 'Seeds Act 2009', for short), under Section 15 of the Environment Protection Act, 1986 and also under Section 420 of the Indian Penal Code against the applicants .
3. The reply fairly admits that although initially there was an adverse test report against the applicants, the subsequent and final report dated 31.07.2018 which was based upon ELISA test and PCR test was negative as regards, HT Gene. The first report, however, was contradictory. It disclosed that in the test on cotton seeds presence of 30% HT Gene was noticed and it was beyond the permissible limits. But, such conclusion of the first report, as seen from the reply of the prosecution, has been found to be wrong in the final test report. If this is the case, the only finding that could be recorded is that the basis of the registration of the offences as against the applicants itself has been washed out and now, there is no warrant for the authority to proceed with the investigation of the FIR in any manner.
4. In view of above, we do not think it necessary to consider the other grounds taken by Shri Sunil Manohar, learned Senior Counsel for the applicants. ::: Uploaded on - 22/02/2019 ::: Downloaded on - 20/03/2019 13:26:33 :::
3 APL963.18(J) These grounds relate to the competence of the police to register an offence and conduct an investigation, which authority as per Seeds Act, has been only conferred upon the Seed Inspector and without there being any specific allegations of the petitioners being in-charge of day-to-day affairs of the Company or having played a particular role in commission of the offence, no investigation can be made against them. But, as we have seen earlier, that the very foundation of the offence registered against the applicants has disappeared, it is not necessary for us to consider other submissions made across the bar by the learned Senior Advocate.
5. In the result, we are inclined to allow this application. The application is allowed. FIR vide Crime No.255/2018 registered for the offence punishable under Section 13 of the Seeds Act, 2009, Section 15 of the Environment Act, 1986 and also under Section 420 of the Indian Penal Code against the applicants are hereby quashed and set aside .
6. Rule is made absolute in the above terms.
JUDGE JUDGE
Andurkar..
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