Case Note & Summary
The applicant, Regional Manager of Prabhat Agri Bio-Tech Ltd., challenged criminal proceedings in S.C.C. No. 313 of 2003 pending before the Chief Judicial Magistrate, Beed, for offences under Sections 19(a) and 7(b) of the Seeds Act, 1966 and Rules 7, 8 and 10 of the Seeds Rules, 1968. The complaint was filed by respondent No.1, a Seed Inspector, alleging that a seed sample taken on 19.7.2002 showed only 3% germination against the prescribed standard. The applicant argued that his right under Section 16(2) of the Seeds Act to send the sample to the Central Seed Testing Laboratory for re-testing was lost because the shelf life of the seed expired on 24.12.2002, before the complaint was filed on 24.2.2003. The applicant had also controverted the analyst report in his explanation, stating that the seed had 85% germination when marketed. The court accepted the applicant's submission, holding that the loss of the right to re-test vitiated the proceedings, and quashed the complaint as an abuse of process.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Abuse of Process - Seeds Act, 1966, Section 16(2) - Applicant's right to send sample to Central Seed Testing Laboratory lost as shelf life of seed expired before complaint was filed - Held that continuation of proceedings would be an abuse of process of law and proceedings quashed (Paras 1-3).
Issue of Consideration
Whether the criminal proceedings under the Seeds Act, 1966 should be quashed when the applicant's right to send the sample to the Central Seed Testing Laboratory under Section 16(2) has been lost due to expiry of the shelf life of the seed.
Final Decision
The criminal application is allowed. The criminal proceedings of S.C.C. No. 313 of 2003 pending before the learned Chief Judicial Magistrate, Beed are quashed.
Law Points
- Right to re-test sample under Section 16(2) Seeds Act
- 1966
- Loss of right due to expiry of shelf life
- Quashing of criminal proceedings for abuse of process
Case Details
2016 LawText (BOM) (09) 30
Criminal Application No. 2116 of 2005
Mr Swapnil S Patil for Applicant, Mr P.G. Borade APP for Respondent No.1, Mr H.F. Pawar for Respondent No.2
R. Shridhar, Regional Manager, Prabhat Agri Bio-Tech Ltd.
State Department of Agriculture through Sakharam s/o Satvaji Sanap, Seed Inspector; Shriniwas s/o Motiram Jaju
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal application challenging proceedings under Seeds Act, 1966
Remedy Sought
Quashing of criminal proceedings in S.C.C. No. 313 of 2003
Filing Reason
Applicant's right to send sample to Central Seed Testing Laboratory under Section 16(2) Seeds Act lost due to expiry of shelf life
Issues
Whether the criminal proceedings should be quashed when the applicant's right to re-test under Section 16(2) Seeds Act, 1966 is lost due to expiry of shelf life of the seed.
Submissions/Arguments
Applicant argued that his right under Section 16(2) Seeds Act to send sample to Central Seed Testing Laboratory was lost as shelf life expired on 24.12.2002, before complaint filed on 24.2.2003. Applicant also controverted analyst report stating germination was 85% when marketed.
Ratio Decidendi
Where the right of an accused under Section 16(2) of the Seeds Act, 1966 to send the sample to the Central Seed Testing Laboratory for re-testing is lost due to expiry of the shelf life of the seed, continuation of criminal proceedings would be an abuse of the process of law and the proceedings are liable to be quashed.
Judgment Excerpts
By this criminal application, the applicant original accused is challenging the criminal proceedings of S.C.C. No. 313 of 2003 pending before learned Chief Judicial Magistrate, Beed lodged by respondent No.1 against the applicant for the offences punishable under Sections 19(a) and 7 (b) of the Seeds Act 1966 and Rules 7, 8 and 10 of Seeds Rules 1968.
Learned counsel for the applicant submits that in view of provisions of Section 16(2) of the Seeds Act 1966, the applicant’s right to send the sample to the Central Seed Testing Laboratory has been lost, as the shelf life of the said seed expired on 24.12.2002.
Procedural History
On 19.7.2002, Seed Inspector took sample of seeds. On 22.8.2002, Seed Analyst report showed 3% germination. On 11.9.2002, notice issued to applicant. On 24.2.2003, complaint filed as S.C.C. No. 313/2003 before CJM, Beed. Applicant filed Criminal Application No. 2116/2005 seeking quashing. On 19.9.2016, High Court allowed the application and quashed proceedings.
Acts & Sections
- Seeds Act, 1966: Section 19(a), Section 7(b), Section 16(2)
- Seeds Rules, 1968: Rule 7, Rule 8, Rule 10
- Seeds (Control) Order, 1983: Section 12
