Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 1921 - HC - Indian LawsProduction and sale of sub- standard wheat seeds, to the farmers for earning profits - complaint made by the Senior Agriculture Development Officer, Depalpur - offence under Section 3/7 of the Essential Commodities Act, 1955 and Section 420 of I.P.C. - HELD THAT:- Rule 23 A (2) of the Seeds Rules, 1968 provides that if a farmer has lodged a complaint in writing that the failure of the crop is due to the defective quality of seeds of any notified kind or variety supplied to him, the Seeds Inspector shall take in his possession the marks or labels, the seed containers and a sample of unused seeds to the extent possible from the complainant for establishing the source of supply of seeds and shall investigate the causes of the failure of his crop by sending samples of the lot to the Seed Analyst for detailed analysis at the State Seed Testing Laboratory and that he shall thereupon submit the report of his findings as soon as possible to the competent authority. In the present case no farmers have made any complaint regarding failure of his crop due to defective quality of seeds sold by the applicant. The allegation in the complaint is that the samples of seeds taken from the godown of the applicant were found sub- standard. It clearly requires that a person to be prosecuted for the offence punishable under Section 420 of I.P.C. has necessarily to act in a manner which will amount to dishonestly inducing other person who has been deceived by the act of cheating to deliver any property or any valuable security - the ingredient of offence under Section 420 of I.P.C. is the dishonest inducement to the person cheated to deliver the property or valuable security. In the instant case on the face of the first information reports in question, does not disclose any fact which can constitute or prima facie establish an act of inducement by the applicant in the matter of or in relation to the seeds, therefore, absolutely no case is made out for the offence under Section 420 of I.P.C. on the face of the first information reports. Quashing of the first information reports and the investigation by the Police by this order, however, will not debar the appropriate authorities under the Seeds Act to take necessary action and / or proceedings whichever legally permissible in accordance with the provisions of law - Application disposed off.
|