Case Note & Summary
The petitioners, Padmakar Haribhau Mulay and others, filed a criminal writ petition challenging the FIR and charge-sheet in R.C.C.No.276/2000 pending before the Chief Judicial Magistrate, Parbhani, where they were prosecuted for offences under Sections 406, 420 read with Section 34 of the Indian Penal Code. The seeds in question were breeding seeds manufactured by Punjabrao Krushi Vidyapeeth, released on 19.6.1991, with a release order for cotton variety on 25.5.1993. A complaint regarding seed quality was lodged on 9.6.1994, and a panchnama was drawn on 18.6.1994. The charge-sheet was filed about six years later on 3.6.2000. The petitioners contended that under the Seeds Act, 1966 and Seeds Rules, 1968, only a Seed Inspector can investigate and launch proceedings regarding seed quality complaints, and police authorities lack jurisdiction. The court agreed, holding that the police investigation was without authority and the proceedings were liable to be quashed. The court allowed the petition, quashing the FIR and charge-sheet.
Headnote
A) Criminal Procedure - Quashing of FIR - Lack of Jurisdiction - Police investigation into seed quality without complaint by Seed Inspector under Seeds Act, 1966 is without authority - Held that the FIR and charge-sheet are liable to be quashed as the police lacked jurisdiction to investigate (Paras 1-4).
Issue of Consideration
Whether police authorities can investigate and file charge-sheet for offences relating to quality of seeds without a complaint by a Seed Inspector under the Seeds Act, 1966 and Seeds Rules, 1968
Final Decision
Petition allowed. FIR and charge-sheet in R.C.C.No.276/2000 quashed.
Law Points
- Police cannot investigate offences under Seeds Act
- 1966 without complaint by Seed Inspector
- Investigation by police without authority is void ab initio
- Proceedings quashed under Section 482 CrPC
