Saturday 14 February 2015

When prosecution under seeds Act can be quashed?



The above-mentioned chronology brings out that the Seed Analyst received the sample on 7-7-2008, whereas the report was forwarded on or around 31-12-2008 and it was received by the respondent (i.e. Seed Inspector) as per his affidavit on 12-1-2009, i.e. after more than about 5 months from the date when the Seed Analyst received the sample. It is also noticed that the shelf-life of the seeds/sample in question expired in January, 2009, whereas the prosecution came to be initiated (on 17-4-2009) after the shelf-life expired (in January, 2009).
22. Thus, when the prosecution was initiated, the right available to the petitioners under Sec. 16(2) read with Sec. 16(3) of the Act was already frustrated because in view of the delay, the petitioners could not make any application to the Court under Sec. 16(2) for sending the seeds/sample for re-analysis to the Central Seeds Laboratory after the expiry of shelf-life of the seeds/sample in question inasmuch as after the expiry date de-generation of the seeds would set-in/commence. Consequently, the petitioners are deprived of their right available under Sec. 16(2), and therefore, their defence is jeopardised and frustrated.
23. In this background, it emerges that the petitioners are justified in their contention that because of the delay their right of effective defence is jeopardised, and therefore, the prosecution/criminal case deserves to be quashed and the prosecution cannot be allowed to continue. Therefore, below-mentioned order is passed. Having regard to the above discussed facts and circumstances and also having regard to the above-quoted observations by the Hon'ble Apex Court and considering the delay caused in submission of the report by the Seed Analyst of the State Laboratory and the delay caused in initiating prosecution which resulted into frustration of right available to the petitioners under Sec. 16(2) of the Act, the application deserves to be and is required to be allowed. Consequently, the application is allowed in terms of Paragraph No. 4(B) and the Criminal Case/Complaint No. 132 of 2009 before the learned Principal and Judicial Magistrate, First Class, Court at Amirgarh is quashed.
R/CR.MA/2948/2012

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 2948 of 2012


SHREE MAHALAXMI SEEDS & 3
Versus
STATE OF GUAJRAT

CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 05/08/2013
Citation; 2015(1)crimes 100 Guj, (2014)1GLR319, 2014(2)RCR(Criminal)869,2014CriLJ3833,

In present petition under Section 482 of the 
Criminal Procedure Code, 1973, the petitioners being 
manufacturer   and   dealer   of   the   product   in   question, 
have prayed, inter alia, that: 

“4(A) The Petitioner  humble  pray  before  Your  Lordships  to  kindly 
allow this Petition. 
(B)
Your Lordships be pleased to allow this petition to quash and 
set   aside   proceedings   against   the   Original   Accused   in   complaint 
no.132/2009 before Learned Principal Judge and Judicial Magistrate 
First Class Court at Amirgarh.”
2.
So   far   as   the   relevant   factual   matrix   is 
concerned,   it   is   averred   by   the   petitioners   that 
respondent   No.1   is   Seed   Inspector   appointed   as   such 
vide notification dated 14.12.2004 under provisions of 
the Seeds Act, 1966 (hereinafter referred to as 'the 
Act')  and   that  in  exercise  of  powers   conferred   upon 
him   by   the   Act,   he   had   visited   the   premises   of 
petitioner No.1 on 1.7.2008 and had drawn / collected 
sample of hybrid castor variety (triveni pooja).   It 
is also averred that after drawing the said sample, it 
was   forwarded   to   Seed   Testing   Laboratory   at 
Gandhinagar.   The   laboratory,   after   testing   and 
analysing   the   sample,   found   that   the   percentage   of 
purity   of   the   seeds   was   upto   only   79.84%   and 
accordingly, the seeds were found to be sub­standard. 
The laboratory forwarded its report to the respondent 
whereupon the respondent issued show cause notice to 
the petitioner viz. the manufacturer, the dealer and 
the officers of manufacturer and dealer.   It is also 
claimed that on receipt of the show cause notice, the 
petitioners forwarded their reply, however, the said 
reply   did   not   satisfy   the   respondent   who,   after 
receiving sanction, filed criminal case which came to 
be registered as Criminal Case No.132 of 2009 before 
the   learned   Principal   Judge   and   Judicial   Magistrate 
(First Class) at Amirgarh.  

3.

The   petitioners   have   claimed   that   the 
complaint/case   came   to   be   filed   against   the 
petitioners after expiry of shelf­life of the seeds / 
sample.     It   is   also   claimed   that   the   respondent 
alleged that the petitioners committed offence under 
Section 6(a) read with Section 7A of the Act and Rule 
10 of the Seed Rules, 1968 (hereinafter referred to as 
'the Rules'), which is punishable under Section 19 of 
the Act.   It is further claimed that upon service of 
summons, the petitioners appeared before the learned 
Magistrate   and   through   their   advocate,   submitted   an 
application under Section 16(2) seeking sample for re­
analysis   of   the   seeds.     The   petitioners   have   also 
averred that re­analysis of the said sample could not 
be done and that, therefore, the petitioners moved an 
application   under   Section   258   of   the   Criminal 
Procedure Code, 1973 to drop the proceedings.   It is 
claimed that the learned trial Court, without properly 
considering   the   contentions   of   the   petitioners, 
rejected   the   said   application.     Therefore,   the 
petitioners   have   preferred   present   petition.     The 
petition is admitted under order dated 12.3.2013.
4.
The   respondent   has   filed   affidavit   and   has 
mentioned the factual backdrop, in which the complaint 
came to be filed.  It appears that in the narration of 
factual aspects by the petitioners and the respondent, 
there   is   no   difference   or   dispute   so   far   as   the 
relevant   dates   are   concerned.     The   respondent   has 
mentioned   that  the   sample   was  drawn  on  1.7.2008  and 

for   testing  the   genetic  purity,   the  said   sample  was 
forwarded for analysis to the Seed Testing Laboratory 
at   Gandhinagar   on   4.7.2008.     The   germination   test 
report   was   received   on   29.7.2008   and   further   report 
was received on 31.12.2008.   The respondent has also 
mentioned   that   the   packing   date   mentioned   on   the 
package   of   the   seeds   was   found   to   be   May   2008   and 
expiry   was   found   to   be   January   2009.   the   respondent 
has also claimed that the report, which was made on 
31.12.2008,   was   received   by   him   on   12.1.2009,   which 
specified   that   the   percentage   of   purity   was   79.84% 
whereas, the minimum requirement is 85% and therefore, 
the   seeds   were   found   to   be   sub­standard. 
Consequently, the show cause notice came to be issued 
on 12.1.2009 which was replied by the petitioners on 
21.1.2009 wherein, the petitioners mentioned that it 
was   a   first   mistake   and   therefore,   they   may   be 
pardoned.   It is also claimed by the respondent that 
the proposal for prosecution was sent to the Director 
of Agriculture on 12.2.2009 and sanction was granted 
on 6.3.2009 and thereafter, the complaint came to be 
filed on 17.4.2009. The respondent has also mentioned 
that   the   petitioners   applied   for   re­analysis   of   the 
sample under Section 16(2) of the Act, however, since 
the laboratory at which the petitioners desired that 
the test for re­analysis may be conducted was shifted 
from New Delhi to Varanasi, the analysis could not be 
done.       The   respondent   also   submitted   that   as   the 
shelf­life of the seeds expired during this time, the 
petitioners filed application to drop the proceedings 
which is rightly rejected by the learned trial Court. 

The respondent has claimed that: 
“6.
It   is   submitted   that,   analysis   is   to   be   done   as   per   the 
guideline issued by the Indian Council of Agriculture Research in 
their manual and being a grow out test, naturally take some more 
time   is   required   to   be   taken   for   analysis   the   seeds   for   genetic 
test. 
7.
It is submitted that, in fact, the reply to the show cause 
notice   was   given   by   M/s.   Triveni   Agrotech   on   06.02.2009. 
Therefore, also  the  some time  was taken.    In  fact,  intentionally 
the   reply  was  not   given  in  time   and  they   are   waiting   for   expiry 
period  which is  of  31.01.2009.    Therefore,  now they  cannot claim 
the benefit of the delay lodging the prosecution.  
8.
It is submitted that, the petitioner themselves had admitted 
the offence and prayed pardon as the offence of first offence.  It 
is submitted that, the Learned Judge has rightly observed that, the 
case  is  on  pre­change evidence  and unless  and until  the  evidence 
would   not   come   on   the   record,   the   real   picture   would   not   be 
cleared.   Therefore, the order passed by the Learned Judge is not 
required to be interfered with and the petition is required to be 
dismissed.” 
5.
At the time of hearing, learned advocate for 
the petitioners reiterated the factual aspects, more 
particularly the relevant dates and submitted that due 
to   the   fault   on   the   part   of   the   respondent,   the 
relevant period expired before the complaint came to 
be   filed   and   more   particularly   before   the   applicant 
could apply for re­analysis and due to expiry of the 
relevant   period   before   re­analysis   could   be   done, 
precious   right   granted   under   the   Act   is   lost   and 
therefore, the proceedings deserve to be quashed.  So 
as   to   support   his   submissions,   learned   advocate   for 
the petitioners relied on the decisions in (i) Jhajhan 
Lal Gupta, Director & Anr. vs. State of Haryana [1997  
Cri.   L.J.   190];     (ii)  Hindustan   Cibar   Geigy   Ltd.   & 
Ors.   vs.   State   of   Rajasthan   &   Ors.   [1995   Cri.   L.J.  
618];   (iii)  State of Haryana vs. Unique Farmaid P.  
Ltd. & Ors. [2000 Cri. L.J. 2962].

6.
Learned APP referred to and relied upon the 
details and averments mentioned in the reply affidavit 
dated   9.4.2013   and   submitted   that   the   petitioners 
intentionally caused delay in replying the show cause 
notice   so   that  the   relevant   period   would   expire  and 
that, therefore, the petitioners may not be allowed to 
take advantage of their own intentional acts. 
7.
I   have   heard   learned   advocate   for   the 
petitioners   and   learned   APP   for   the   respondent   at 
length and I have also examined material on record as 
well as the reply affidavit filed by the respondent. 
8.
The   petitioners   have   prosecuted   present 
petition on singular and solitary ground, viz. their 
right   under   Section   16   of   the   Act   is   infringed   on 
account of the acts of the respondent which caused the 
delay in question.  
9.
In   view   of   the   contention   raised   by   the 
petitioners   to   support   the   relief   prayed   for   in 
present petition, it is necessary to keep in focus the 
relevant dates. 
Sr.No. Particulars Date
1 Date   of   which   sample   was   drawn   /  01/07/08
         collected. 
2 Date on which the sample was forwarded to  04/07/08
          the laboratory. 
3 Date on which the laboratory received the  07/07/08
         sample. 

4 Germination test report was made. 5 Further report (grow out test) was made.  31/12/08 
6 Reports were received by the respondent. 12/01/09
7 Respondent   submitted   proposal   to   the  12/02/09
       Director of Agriculture. 
8 Competent authority gave sanction. 06/03/09
9 Complaint came to be filed. 17/04/09
10 Order issuing summons passed. 17/04/09
11 Application   under   Section   16(2)   was  25/06/09
        submitted. 
12 Application   under   Section   258   of   the  15/09/09
         CrPC. 
9.1
29/07/08
Besides   the   above­mentioned   relevant   dates, 
the other two dates require to be kept in focus are 
(i)   the   date   of   packaging   and   (ii)   expiry   date 
mentioned on the package of the seeds.  
9.2
According to the respondent's affidavit, the 
dates   mentioned   on   the   package   reflected   packaging 
date as May, 2008 and expiry date as January, 2009.   
9.3
Thus, what emerges from the above­mentioned 
relevant  dates  and   other   relevant   facts   is   that  the 
packaged   seeds   were   'good   until'   or   'valid   upto' 
January, 2009.  
9.4
Meaning   thereby   if   the   re­test   or   re­
analysis is undertaken after January, 2009, then such 

test   –   analysis   would   not   yield   correct   result   and 
could be negative.  Differently put, the result would 
not be worthy to place reliance on.
10.
In this view of the matter, the petitioners 
claim that their valuable right under Section 16(2) is 
lost.
11.
So   as   to   appreciate   the   submission,   it   is 
necessary   take   into   account   the   provisions   under 
Sections 6, 7 and 16 of the Act and Rules 10 and 21(3) 
of the Rules also need to be taken into account.  The 
said provisions read thus:  
“6.
Power to specify minimum limits of germination and purity, 
etc.  –     The Central Government may, after consultation with the 
Committee and by notification in the Official Gazette, specify – 
(a)
the minimum limits of germination and purity with respect to 
any seed of any notified kind or variety; 
(b)
the mark or label to indicate that such seed conforms to the 
minimum limits of germination and purity specified under clause (a) 
and the particulars which such mark or label may contain.  
7.
Regulation of sale of seeds of notified kinds or varieties. 
–   No person shall, himself or by any other person on his behalf, 
carry   on   the   business   of   selling,   keeping   for   sale,   offering   to 
sell,   bartering   or   otherwise   supplying   any   seed   of   any   notified 
kind or variety, unless – 
(a)
such seed is identifiable as to its kind or variety; 
(b)
such seed conforms to the minimum limits of germination and 
purity specified under clause (a) of section 6;
(c) the container of such seed bears in the prescribed manner, the 
mark or label containing the correct particulars thereof, specified 
under clause (b) of section 6; and 
(d)
he   complies   with   such   other   requirements   as   may   be 
prescribed.
16.
Report  of Seed Analyst.  – (1)   The Seed Analyst shall, as 
soon as may be after the receipt of the sample under sub­section 
(2) of section 15, analyse the sample at the State Seed Laboratory 
and  deliver, in  such  form as  may  be prescribed, one  copy  of the 
report   of   the   result   of   the   analysis   to   the   Seed   Inspector   and 
another copy thereof to the person from whom the sample has been 
taken.  

(2)
After the institution of a prosecution under this Act, the 
accused vendor or the complainant may, on payment of the prescribed 
fee,   make   an   application   to   the   Court   for   sending   any   of   the 
samples mentioned in clause (a) or clause (c) of sub­section (2) of 
section   15   to  the  Central  Seed  Laboratory   for   its  report  and  on 
receipt   of   the  application,   the   Court  shall   first  ascertain  that 
the  mark  and the  seal or fastening as provided in clause  (b) of 
sub­section (1) of section 15 are intact and may then despatch the 
sample   under   its   own   seal   to   the   Central   Seed   Laboratory   which 
shall thereupon send its report to the Court in the prescribed form 
within one month from the date of receipt of the sample, specifying 
the result of the analysis.  
(3)
The   report   sent   by   the   Central   Seed   Laboratory   under   sub­
section (2) shall supersede the report  given  by the Seed Analyst 
under sub­section (1). 
(4)
Where the report sent by the Central Seed Laboratory under 
sub­section (2) is produced in any proceedings under section 19, it 
shall not be necessary in such proceedings to produce any sample or 
part thereof taken for analysis.  
­­­­­­­­x­­­­­­­­x­­­­­­­­x
Rule 10.
Mark   or   label   not   to   contain   false   or   misleading 
statement.  –   The mark or label shall not contain any statement, 
claim, design, device, fancy name or abbreviation which is false or 
misleading in any particular concerning the seed contained in the 
container.
21
Duties of a Seed Analyst. – 
(3)
The Seed Analyst shall deliver in Form VII, a copy  of the 
report of the result of analysis to the persons specified in sub­
section (1) of section 16, as soon as may be but not later than 30 
days from the date of receipt of samples sent by the Seed Inspector 
under sub­section (2) of the section 15.”
12.
On reading the relevant provisions under the 
Act,   more   particularly   the   above­quoted   provisions, 
viz. Sections 6, 7 and 16 of the Act and Rules 10 and 
21(3) of the Seeds Rules, 1968 (hereinafter referred 
to as 'the Rules'), it emerges that Section 6 confers 
power   to   specify   minimum   limits   of   germination   and 
purity with respect to any seed of any notified kind 
or   variety   of   seeds,   which   would   mean   that   the 
notification,   which   can   be   issued   under   Section   6, 
would   specify   minimum   germination   and   purity   of   the 
notified  kind/variety   of   seeds   and   not  all   kinds   or 
variety   of   seeds.     The   notification  under  Section   6 
would   follow   the   notification   contemplated   under 

Section 5 of the Act.  Since in present case any issue 
or dispute related to the notification under Section 5 
or   under   Section   6   and/or   kind   or   variety   of   seeds 
notified under such notification is not raised, it is 
not   necessary   or   relevant   to   dwell   on   the   said 
provisions. The limited issue raised in this matter is 
with reference to the right conferred under Section 16 
of the Act.
13.
According to the scheme of the Act, Section 
7   imposes   restrictions   as   regards   sale   of   seeds   of 
notified kinds or variety and it provides, inter alia, 
that no persons shall himself or by any other person 
on his behalf, carry on business of selling or keeping 
for sale or offering to sell or bartering or otherwise 
supplying   any   seed   of   any   notified   kind   or   variety 
unless   it   fulfills   the   four   conditions/requirements 
mentioned under clauses (a) to (d) of Section 7 of the 
Act.  
13.1
One of the requirements specified under the 
said four clauses of Section 7 is that such seeds must 
conform   to   the   minimum   limits   of   germination   and 
purity   specified   by   notification   under   Section   6   of 
the Act.  
14.
In   present   case,   it   is   alleged   by   the 
respondent   authority   that   the   seeds   from   the 
petitioners  do  not   conform  to  the   minimum  limits   of 
germination   and   purity.     Thus,   according   to   the 
respondent authority, the petitioners have committed, 

inter alia, breach of Section 7   read with Section 6 
of the Act.  
14.1
The   Act   provides,  inter   alia,   that   if   the 
authority   finds   or   believes   that   any   person/dealer 
dealing in any seed of any notified kind or variety is 
indulging     into   sale   or   bartering   or   otherwise 
supplying or offering such seeds which do not conform 
to minimum limits of germination and purity, then the 
said authority (i.e. the Inspector) may take samples 
of the seeds in question.  
14.2
The   sample   must   be   drawn   in   the   manner 
prescribed   under   Section   14   read  with   Section   15   of 
the Act.  
14.3
A conjoint reading of the said two sections 
brings out that the sample so drawn must be forwarded 
by   the   Inspector   to   the   Seed   Analyst   of   State 
Laboratory by following the prescribed procedure.
14.4
According to the provisions under Section 16 
of the Act, the Seed Analyst of the State Laboratory 
is   obliged   to   analyse   the   sample   as   soon   as   may   be 
after the receipt of the sample under sub­section (2) 
of Section 15.  
14.5
Such analysis must be undertaken by the Seed 
Analyst   of   the   State   Laboratory   and   the   report 
prepared upon such test/analysis, must be delivered in 
prescribed form to the Seed Inspector and one copy of 

the report must be supplying to the person from whom 
the sample was drawn. 
14.6
In  the   event,   the  report   is   negative,   i.e. 
if the Seed Analyst reports that   the sample of the 
seeds   does   not   conform   to   the   minimum   limits   of 
germination   and   purity   as   specified   by   the 
notification under Section 6 and/or that the breach of 
any   other   requirement   prescribed   under   Section   7   is 
found,   then  it  would  amount   to   contravention  of  the 
provisions of the Act and/or Rules which would entail 
prosecution   and   would   culminate   in   penalty   as 
prescribed under Section 19 of the Act. 
14.7
In   such   cases,   the   provisions   under   Rule 
21(3) of the Rules also come in picture inasmuch as 
the said rule prescribed time limit for the submission 
of report by the Seed Analyst.
14.8
According to the provision under Rule 21(3), 
the Seed Analyst should deliver the report as soon as 
may  be  but  not later than  30  days  from the  date of 
receipt of sample from Seed Inspector.
14.9
If,   on   receipt   of   the   report   of   the   Seed 
Analyst, the Seed Inspector finds that contravention 
of any provisions of the Act is committed, then the 
Seed Inspector would initiate, in accordance with the 
provisions of the Act, prosecution. 
14.10
After   the   prosecution   is   initiated,   the 

person   from   whom   the   sample   was   drawn,   acquires   an 
additional right, viz. to apply to the Court to send 
the sample mentioned in Section 15(2)(a) or (c) to the 
Central   Seeds   Laboratory   for   its   report.     It   is 
pertinent   that   the   said   right   accrues   and   becomes 
available only after the prosecution is initiated.
15.
The said right conferred on the person (from 
whom   the   sample   was   drawn)   by   the   legislature   is 
valuable right and if any action of the Seed Inspector 
or   Seed   Analyst   is   not   in   conformity   with   the 
provisions of the Act read with the Rules, then such 
action cannot be approved and would be liable to be 
set aside. 
15.1
A   glance  at  the   provision   under   Rule   21(3) 
would   show   that   the   Seed   Analyst   is   statutorily 
obliged   to   submit   his   report   to   the   Seed   Inspector 
within   30   days   from   the   date   of   the   receipt   of   the 
sample.   According   to   the   provisions   under   Section 
16(1)   of   the   Act,   a   copy   of   the   report   should, 
simultaneously,   be   supplied   to   the   person   from   whom 
the sample was drawn. 
15.2
It is apparent that the Seed Inspector would 
institute   prosecution,   if   considered   appropriate, 
after receipt of the report from the Seed Analyst of 
State laboratory and the right conferred under Section 
16(2)   on   the   person   from   whom   the   sample   is   drawn, 
would accrue and become available to the said person 
only after the prosecution is initiated.   Only after 

the   complaint   was   lodged   inasmuch   as   Section   16(2) 
provides,  inter alia, that  'after the institution of  
prosecution  under this Act ... ... ..., the accused vendor  
can make an application to the Court for sending the  
sample to the Central Seeds Laboratory.'   Hence, only 
after 'prosecution is instituted', the application for 
test by Central Laboratory can be made. 
16.
Thus, the said right cannot be exercised by 
the   accused   vendor   before   initiation   of   the 
prosecution.  
16.1
The accused vendor is obliged to wait until 
the prosecution initiated.  
16.2
Therefore, it becomes crucial and important 
that   the   time   limit   mentioned   under   Rule   21(3)   is 
adhered to and even at subsequent stage, any delay is 
not caused.
17.
The   said  provision   confers  a   right   as   well 
as opportunity to the concerned person to bring out, 
demonstrate   and   establish   mistake   or   anomaly, 
discrepancy, if any, analyst's report.
18.
The   right   conferred   under   Section   16(2)   is 
an   important   and   a   valuable   right   inasmuch   as   the 
report   of   the   Central   Seeds   Laboratory   would, 
according   to   the   provisions   contained   under   sub­
section (3) of Section 16, supersedes the report given 
by the Seed Analyst (of State Laboratory) under sub­

section (1) of Section 16.  
18.1
In view of the said provision, if there is 
any   contradiction   or   anomaly   or   discrepancy   between 
two   reports,   i.e.   the   report   submitted   by   the   Seed 
Analyst of the State Laboratory and the report of the 
Central   Seeds   Laboratory,   then   the   report   of   the 
Central Seeds Laboratory shall prevail.  
18.2
It,   thus,   becomes  clear  that   the  power  of, 
and vital ingredient of Section 16(2) actually lies in 
the provision under sub­section (3) of Section 16 of 
the Act. 
19.
When the provisions under Sections 16(2) and 
16(3) are read conjointly, then the importance of the 
right conferred on the person from whom the sample is 
drawn, becomes apparent. 
19.1
The   said  aspect   would   also  clarify   that   if 
for any reason or on account of any action on the part 
of the Seed Inspector and/or Seed Analyst, the person 
from   whom   the   sample   is   drawn,   is   deprived   of   the 
right   conferred   by   Section   16   of   the   Act,   then   the 
said   person  can   lawfully   claim   and   contend   that  his 
right   to   defence   would   be   adversely   affected   and 
jeopardised   and   therefore,   the   initiation   of   the 
prosecution   must   fail   and   that,   therefore,   such 
proceedings must be terminated. 
19.2
The   provisions   under   Sections   16(2)   and 

16(3) read with Rule 21(3) make the intention of the 
legislature   very   clear,   viz.   the   said   provisions 
impose   mandatory   obligation   on   the   Seed   Analyst   to 
submit   report   within   30   days   as   contemplated   under 
Rule 21(3).  The period/limitation seems to have been 
prescribed   having   regard   to   the   possibility   of   the 
deterioration in germination of the seeds with passage 
of time.  
19.3
The said provisions also make it clear that 
the legislature has conferred right on the person from 
whom the sample is drawn to controvert the report of 
the Seed Analyst (of State Laboratory) by getting the 
sample re­analysed by the Central Seeds Laboratory.  
19.4
Now,   it   is   apparent   that   if   the   report   by 
the Seed Analyst of the State Laboratory is delayed, 
it   would   result   into   delay   in   initiation   of 
prosecution. Until the prosecution is initiated, the 
person   to   whom  the   aforesaid   right   is   granted,   i.e. 
person from whom the sample was drawn, would not get 
the opportunity to apply to the Court for sending the 
sample   (mentioned  in  Section   15(2)(a)   or   (c)  of  the 
Act) to the Central Seeds Laboratory and if on account 
of such delay, the shelf life of the seeds expires in 
the   meanwhile,   then   the   process   or   opportunity   of 
getting   the   sample   re­analysed   by   the   Central   Seeds 
Laboratory would be frustrated and would be rendered 
infructuous.  
19.5
Similar   situation   and   eventuality   would 

arise in the event, delay in initiation of proceedings 
is caused by the Seed Inspector for any other reason, 
i.e.   if   the  Seed   Inspector  causes   delay,   even   after 
having   received   the   report   of   Seed   Analyst   within 
prescribed time limit, in completing the formalities 
for initiating prosecution and if in the meanwhile the 
shelf life of the seeds expires, then also the said 
person   would   be   deprived   of   his   right   to   seek   re­
analyses   of   the   seeds/sample   by   the   Central   Seeds 
Laboratory   which,   in   turn,   would   entitle   the   said 
person   to   claim   and   contend   that   his   right   of 
effective   defence   which   includes   the   right   to 
controvert the report of the Seed Analyst of the State 
Laboratory, is jeopardised or adversely affected and 
therefore,   the   prosecution   must   fail   and   should   be 
terminated.  
20.
In  this   context,   it   would   be   profitable   to 
refer  to  the   observations   by   the  Hon'ble   Apex   Court 
with   reference   to   the   similar   provisions   under   the 
Insecticides   Act.     In   the   case   between  State   of 
Haryana,   vs.   Unique   Farmaid   P.   Ltd.   [2000   Cri.   Law  
Journal 2962], Hon'ble Apex Court observed that: 
“11.
Sub­section (1) of Section 30 which appears to 
be relevant only prescribes in effect that ignorance would 
be of no defence but that does not mean that if there are 
contraventions   of   other   mandatory   provisions   of   the   Act, 
the   accused   have   no   remedy.     Procedure   for   testing   the 
sample   is   prescribed   and   if   it   is   contravened   to   the 
prejudice   of   the   accused,   he   certainly   has   right   to   seek 
dismissal  of the complaint.    There  cannot  be two  opinions 
about  that.    Then  in  order  to  safeguard  the  right  of  the 
accused to have the sample tested from Central Insecticides 
Laboratory, it is incumbent on the prosecution to file the 
complaint expeditiously so that the right of the accused is 
not lost.  In the present case, by the time the respondents 
were asked to appear before the Court, expiry date of the 

insecticide  was already  over  and sending  of sample  to the 
Central Insecticides Laboratory at that late stage would be 
of   no   consequence.     This   issue   is   no   longer   res   integra. 
In State of Punjab v. National Organic Chemical Industries 
Ltd., (1996) 10 JT (SC) 480 this Court in somewhat similar 
circumstances   said   that   the   Act   deprived   the   accused   to 
have   sample   tested   by   the   Central   Insecticides   Laboratory 
and adduce evidence of the report so given in his defence. 
This   Court   stressed   the   need   to   lodge   the   complaint   with 
utmost   dispatch   so   that   the   accused   may   opt   to   avail   the 
statutory   defence.     The   Court   held   that   the   accused   had 
been deprived of a valuable right statutorily available to 
him.   On this view of the matter, the Court did not allow 
the criminal complaint to proceed against the accused.   We 
have cases under the Drugs and Cosmetics Act, 1940 and the 
Prevention   of   Food   Adulteration   Act,   1954   involving   the 
same   question.     In   this   connection     reference   be   made   to 
decisions   of   this   Court   in   State   of   Haryana   v.   Brij   Lal 
Mittal, (1998) 5 SCC 434 : (1998 AIR SCW 2240 : AIR 1998 SC 
2327   :   1998   /Cri   LJ   3287)   under   the   Drugs   and   Cosmetics 
Act, 1940; Municipal Corporation of Delhi v. Ghisa Ram, AIR 
1967   SC   970   :   (1967   Cri   LJ   939);   Chetumal   v.   State   of 
Madhya Pradesh, (1981) 3 SCC 72 : (AIR 1981 SC 1387 : 1981 
Cri   LJ   1009)   and   Calcutta   Municipal   Corporation   v.   Pawan 
Kumar   Saraf,   (1999)   2   SCC   400   :   (1999   AIR   SCW   346   :   AIR 
1999 SC 738 : 1999 Cri LJ 1125) all under the Prevention of 
Food Adulteration Act, 1954. 
12.
It   cannot   be   gainsaid,   therefore,   that   the 
respondents   in   these   appeals   have   been   deprived   of   their 
valuable  right  to have  the sample  tested  from  the  Central 
Insecticides Laboratory under sub­section (4) of Section 24 
of   the   Act.     Under   sub­section   (3)   of   Section   24   report 
signed by the Insecticide analyst shall be evidence of the 
facts   stated   therein   and   shall   be   conclusive   evidence 
against  the accused  only if the accused do not, within  28 
days of the receipt of the report, notify in writing to the 
Insecticides   Inspector   or   the   Court   before   which 
proceedings are pending that they intend to adduce evidence 
to controvert the report.  In the present cases Insecticide 
Inspector was notified that the accused intended to adduce 
evidence to controvert the report.   By the time the matter 
reached   the   Court,   shelf   life   of   the   sample   had   already 
expired and no purpose would have been sered informing the 
Insecticide   Analyst   was,   therefore,   not   conclusive.     A 
valuable   right   had   been   conferred   on   the   accused   to   have 
the sample tested from the Central Insecticides  Laboratory 
and   in   the   circumstances   of   the   case   accused   have   been 
deprived   of   that   right,   thus,   prejudicing   them   in   their 
defence.”
21.
When the facts of present case are examined 
in light of the above­mentioned provisions and above­
quoted   observations   by   Hon'ble   Apex   court,   then   it 
emerges   that   in   present  case,  the   initiation  of  the 

prosecution was unreasonably and inordinately delayed 
and by the time, the Seed Inspector initiated/lodged 
prosecution, the shelf life of the seeds / sample in 
question had already expired.  
22.
In   this   context,   it   would   be   appropriate, 
even   at   the   cost   of   repetition,   to   revert   to   the 
details of the dates and events mentioned hereinabove 
earlier.  It is noticed from the said details that – 
(a) On 1.7.2008, the sample was drawn/collected; 
(b) On   4.7.2008,   the   sample   was   forwarded   to   the
Seed Analyst at State Laboratory; 
(c) On   7.7.2008,   the   Laboratory   /   Seed   Analyst
received the sample; 
(d) On   12.1.2009,   the   Seed   Inspector   received   the
report of Seed Analyst;
(e) On   12.2.2009,   the   Seed   Inspector   submitted
proposal for initiating prosecution;
(f) On   6.3.2009,   the   competent   authority   granted
sanction;
(g) On 17.4.2009, the complaint in question came to
be filed.
22.1
The   above­mentioned   chronology   brings   out 
that the Seed Analyst received the sample on 7.7.2008, 
whereas   the   report   was   forwarded   on   or   around 

31.12.2008 and it was received by the respondent (i.e. 
Seed   Inspector)   as   per   his   affidavit   on   12.1.2009, 
i.e. after more than about 5 months from the date when 
the   Seed   Analyst   received   the   sample.  It   is   also 
noticed that the shelf life of the seeds / sample in 
question   expired   in   January,   2009,   whereas   the 
prosecution came to be initiated (on 17.4.2009) after 
the shelf life expired (in January, 2009). 
23.
Thus,   when   the   prosecution   was   initiated, 
the right available to the petitioners under Section 
16(2) read with Section 16(3) of the Act was already 
frustrated   because   in   view   of   the   delay,   the 
petitioners   could   not   make   any   application   to   the 
Court   under   Section   16(2)   for   sending   the   seeds   / 
sample for re­analysis to the Central Seeds Laboratory 
after the expiry of shelf life of the seeds / sample 
in   question   inasmuch   as   after   the   expiry   date   de­
generation   of   the   seeds   would   set­in   /   commence. 
Consequently,  the   petitioners   are   deprived   of   their 
right   available   under   Section   16(2)   and   therefore, 
their defence is jeopardised and frustrated.
24.
In   this   background,   it   emerges   that   the 
petitioners   are   justified   in   their   contention   that 
because of the delay their right of effective defence 
is   jeopardised   and   therefore,   the   prosecution   / 
criminal   case   deserves   to   be   quashed   and  the 
prosecution cannot be allowed to continue.  Therefore, 
below mentioned order is passed. 

25.

Having   regard   to   the   above   discussed   facts 
and circumstances and also having regard to the above­
quoted   observations   by   the   Hon'ble   Apex   Court   and 
considering   the   delay   caused   in   submission   of   the 
report by the Seed Analyst of the State Laboratory and 
the   delay   caused   in   initiating   prosecution   which 
resulted   into   frustration   right   available   to   the 
petitioners   under   Section   16(2)   of   the   Act,   the 
application   deserves   to   be   and   is   required   to   be 
allowed.  Consequently, the application is allowed in 
terms   of   paragraph   No.4(B)   and   the   criminal 
case/Complaint   No.132/2009   before   the   learned 
Principal and Judicial Magistrate (First Class), Court 
at Amirgarh is quashed.  Rule is made absolute to the 
aforesaid extent.  The application is disposed of.
(K.M.THAKER, J.)

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