Bombay High Court
Navin Ramanlal Shah vs The State Of Mah. Thr. District Quality ... on 12 March, 2020
Author: Vinay Joshi
Bench: Vinay Joshi
Judgment 1 921APL144.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 144/2020
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 //
The State of Maharashtra,
through District Quality Control,
Seeds Inspector, DSAO Office,
Yavatmal Dist-Yavatmal.
.... RESPONDENT
___________________________________________________________________
Shri I. M. Ghongade, Advocate for applicant.
Shri B.M. Lonare, Addl. Public Prosecutor for respondent.
___________________________________________________________________
CORAM : VINAY JOSHI, J.
DATED : 12.03.2020
JUDGMENT
Rule made returnable forthwith. By consent, heard learned counsel for the parties.
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Judgment 2 921APL144.20.odt
2. The applicant is seeking to quash and set aside complaint bearing R.C.C. No. 6036/2018 instituted by respondent for offence punishable under Sections 6(b) and 7(c) of the Seeds Act, 1966 and under Section 2(viii), 2(x) and punishable under Section 13(2) of the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act 2009. The applicant is responsible person of M/s Rasi Seeds (P) Ltd from whom on 14.05.2018, the complainant has drawn samples of Hybrid Cotton Non BT Variety and it was sent for analysis. On receipt of report, the complaint has been filed. The applicant has challenged the very tenability of the complaint on the ground that he has received summons of the complaint on 03.12.2019 i.e. after ten months and three days from the expiry of the self life of cotton seeds which resulted into denial of applicant's right to refer the sample to the Seeds Testing Laboratory which right is available under Section 9(4) of the Maharashtra Cotton Seeds Act. It is undisputed that on 14.05.2018, samples of hybrid cotton seeds were seized. Samples were sent to the Seeds Testing Laboratory of which adverse report was received on 08.06.2018. The impugned complaint was filed on 17.12.2018.
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Judgment 3 921APL144.20.odt
3. The applicant took me through certificate in Form No. II and Form No. VI annexed to the complaint. Both documents disclose that validity of self life is upto 29.01.2019. It is not in dispute that summons was received on 03.12.2019 i.e. much latter than the period of expiry.
4. Learned counsel for applicant submits that since the applicant's valuable right of applying for referring sample for reanalysis has become redundant, there is no purpose in continuing the criminal proceedings. The applicant has relied on the decision of this Court in Criminal Application (APL) No. 228/2019 (Navin Ramanlal Shah Vs. The State of Maharashtra & another) decided on 24.07.2019, wherein in similar situation, this Court by placing reliance on the decision of Apex Court has quashed and set aside the criminal complaint. The facts of the said case are quite identical to the facts in case at hand. It is consistent view that if the summons of complaint is served after expiry of self life, it would defeat the valuable right of accused to seek reanalysis and therefore, no fruitful purpose would be served in continuing such complaint.
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Judgment 4 921APL144.20.odt
5. In above 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 R.C.C. No. 6036/2018 pending in the Court of learned Judicial Magistrate First Class, Yavatmal, Dist. Yavatmal, dated 17.12.2018 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 Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009; and for that purpose issue necessary direction."
JUDGE .
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