Case Note & Summary
The petitioner, M.H. Krishnamurthy, Manager of Karnataka State Seeds Corporation Ltd., filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in C.C. No.293/2013 pending before the JMFC, Molakalmuru. The proceedings were initiated pursuant to a complaint filed by the respondent, Assistant Director of Agriculture and Seed Inspector, alleging an offence under Section 7(b) of the Seeds Act, 1966, punishable under Section 19(a) of the Act. The complaint pertained to groundnut seeds that were allegedly not in conformity with the specifications under Section 6(a) of the Act. The petitioner contended that the complaint was not maintainable as it was filed without the previous sanction required under Section 19(3) of the Seeds Act, 1966. The respondent argued that the complaint was valid. The High Court examined Section 19(3) of the Seeds Act, which provides that no court shall take cognizance of an offence under the Act except on a complaint made by or with the previous sanction of the Seed Inspector or any person authorized. The court found that the complaint did not disclose any such sanction. Relying on the mandatory nature of the provision, the court held that the absence of sanction vitiated the proceedings. Consequently, the court allowed the petition and quashed the entire proceedings in C.C. No.293/2013.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Seeds Act, 1966, Section 19(3) - Sanction - The court considered whether criminal proceedings for offence under Section 19(a) of the Seeds Act, 1966 could be sustained without prior sanction under Section 19(3) of the Act. Held that Section 19(3) mandates that no court shall take cognizance of an offence under the Act except on a complaint made by or with the previous sanction of the Seed Inspector or any person authorized. Since the complaint was filed without such sanction, the proceedings were quashed. (Paras 3-4)
Issue of Consideration
Whether the criminal proceedings initiated against the petitioner for alleged violation of Section 7(b) of the Seeds Act, 1966, punishable under Section 19(a) of the Act, can be sustained in the absence of prior sanction under Section 19(3) of the Act?
Final Decision
The petition is allowed. The entire proceedings in C.C. No.293/2013 pending on the file of the Civil Judge and JMFC, Molakalmuru, are quashed.
Law Points
- Sanction under Section 19(3) of Seeds Act
- 1966 is mandatory before taking cognizance of offence under Section 19(a) of the Act
- Complaint filed without sanction is not maintainable
- Proceedings liable to be quashed under Section 482 CrPC
