IMRAN MEMAN Vs. STATE OF MADHYA PRADESH

Madhya Pradesh High Court (Single Judge)

MCRC, 28166 of 2020, Judgment Date: Nov 04, 2020

Law laid down -

Loose chilli seeds found in the godown of petitioner along with packaging machines and packets. Petitioner had license to deal in chilli seeds in the name of Synergy Seeds. Police seized the seeds and packaging material and filed charge sheet for not having license for packaging the chilli seeds and for committing offence under Sections 420, 467, 469 and 475 of IPC. and Sections 7(1)(A)(II) and 7(2) of Essential Commodities Act, 1955. Petitioner filed application under Section 482 of Cr.P.C for quashment of prosecution.

Held – 1. Prosecution failed to show any provision of law/rule requiring license for packaging.

2 – Police was not authorized to search, seize the seeds which could only be done by seeds inspector as per Clause 13 of Seeds (Control) Order, 1983.

3 – Test analysis report of seized seeds was not made available even after expiry of 60 days from the date on which the report was received in the Laboratory. This is breach of Clause 14 of Seeds (Control) Order, 1983.

4 – No complainant has come forward alleging that petitioner has cheated him or has committed forgery. Provisions of Sections 420, 467, 469 and 475 of IPC are not attracted. 5 – No breach of Seeds (Control) Order, 1983 found to have been committed, hence there is no violation of provisions of Essential Commodities Act, 1955. 6 – The petition under Section 482 of Cr.P.C stands allowed and prosecution stands quashed.

IMRAN MEMAN Vs. STATE OF MADHYA PRADESH