SANDEEP MEHTA,J. - (1.) HEARD learned counsel for the parties.
(2.) THE instant misc. petition has been preferred by the petitioner challenging the proceedings of Criminal Case No.379/2005 pending in the Court of learned Additional Chief Judicial Magistrate, Nohar, Hanumangarh for the offences under Sections 6 & 7 read with Section 19A of the Seeds Act. Succinctly stated the facts necessary for the disposal of the instant misc. petition are that the petitioner was posted as Plant Manager of Rajasthan State Seed Corporation Ltd., Suratgarh (for short 'RSSCL') at the relevant time. RSSCL is the manufacturer of the seeds in relation whereto the prosecution has been launched in this case. The Agriculture Officer (Crops) cum Seed Inspector, Nohar took a sample of Deshi cotton seeds from vendor - M/s. R.S. Fertilizers, Nohar of RSSCL on 31.3.2005 for analysis. It is stated that the sample was sent to the Rajasthan State Seed Testing Laboratory, Durgapura from where the report was received that the seed sample was found to be sub-standard as the germination was found only 36%. On receiving the said report, show cause notices were issued to the manufacturer company i.e. RSSCL as well as the vendor. Reply to the notice was given whereafter the Seed Inspector proceeded to file a complaint against the petitioner - Regional Manager of RSSCL, as well as vendor, stockist etc. in the Court of ACJM, Nohar under the provisions of Sections 6 & 7 read with Section 19A of the Seeds Act. The learned Magistrate proceeded to take cognizance upon the complaint and summoned the petitioner as well as other co-accused persons by order dated 31.8.2005. The said order summoning the petitioner as well as the proceedings of the complaint have been challenged by way of the instant misc. petition. It has also been prayed that all the proceedings pursuant to the complaint deserve to be quashed in entirety. On the previous date of hearing, the concerned. Agriculture cum Seed Inspector, Jodhpur was directed to be kept before this Court and when the matter was taken up by this Court on 20.3.2012, the Agriculture Inspector and District Agriculture Officer were both unable to satisfy this Court about the procedure prescribed under the Seeds Act and Rules for packing of the seed samples. On this, the Court directed the learned PP to keep the Director, Agriculture, Government of Rajasthan present in the Court and accordingly, he appeared in this Court and made submissions. Though the petition was filed on numerous grounds but at the time of the arguments, challenge to the proceedings has now been limited to a single ground i.e. proceedings of the complaint being vitiated because the mandatory procedure prescribed in the Seeds Act and the Rules regarding the manner in which the sampling of the seeds is to be done has not been adhered to. Resuitantly, it has been submitted that the proceedings of the complaint deserve to be quashed in its entirety.
(3.) LEARNED PP and the Director, Agriculture submitted that under the Seeds (Amendment) Rules, 1973, the analysis of the samples has now been permitted to be done in accordance with Seed Testing Manual prescribed by the Indian Council of Agriculture Research as amended from time to time. It has been submitted that the procedure of taking the samples was in accordance with the Manual and, therefore, no illegality has been committed in the mode of taking and packing thet samples in this case. I have given my thoughtful consideration to the arguments advanced at bar For a proper appreciation of the contentions, the relevant portion of the complaint where the manner of taking samples in the case at hand is described is quoted below :- JUDGEMENT_482_CRIMES3_2012Image1.jpg JUDGEMENT_482_CRIMES3_2012Image2.jpg ;