B. SUBHASHAN REDDY, J.

( 1 ) THIS writ petition raises an important point for consideration impinging upon the operation of general law, when special law is enacted for the said purpose. Concisely speaking, the doctrine of occupied field arises for consideration.

( 2 ) THE petitioners have been prosecuted in Crime No. 20/vc-ADB/90 for the offence punishable under Sections 7 and 8 of Essential Commodities Act, 1955 on the ground of violation of Clause 3 (1) of Seeds (Control) Order, 1983. The writ petition was admitted and stay was granted and as such, prosecution did not proceed.

( 3 ) MR. K. Ramakrishna Reddy, the learned Counsel for the petitioners submits that the prosecution is launched on the ground that the petitioners were processing cotton seed and the same was suspected to be spurious cotton intended for sale and that too, without licence and necessary documents and as such, they fall within the ambit of Seeds Act, 1966 and can be proceeded only in the manner indicated under the Seeds Act 1966 and the rules titled "seeds Rules, 1968" and that the prosecution launched under Seeds (Control) order, 1983, which had been promulgated in exercise of the powers contained under Section 3 of the Essential Commodities Act, 1955, is unsustainable.

( 4 ) COUNTERING his arguments, Ms. Rohini, the learned Government Pleader submits that Section 6 of the Essential Commodities Act, 1955 contains a non obstante clause and as such, anything repugnant in other enactment will have to yield to the jurisdiction of the authorities under the Essential Commodities act, 1955 and submits that inasmuch as Seeds (Control) Order, 1983 is an Order framed in exercise of Section 3 of the Essential Commodities Act, 1955, that will prevail because of the above non obstante clause.

( 5 ) THE Essential Commodities Act, 1955 is an enactment made in the interest of general public with respect to production, supply and distribution of, and trade and commerce in, certain commodities. The essential commodities are enumerated. The main object of the said Act is that the commodities which are essential for the citizens should be supplied without subjecting them to black-marketing which results in inflation of prices making them dearer for the general and common public who cannot purchase the same at the higher prices in black-market. In order to regulate the same, certain restrictions have been placed, which, if found reasonable and in consonance with Articles 14 and 19 (1) (g) of the Constitution of India, will have forceof law and the persons dealing in the said essential commodities have to adhere to the said conditions. This is in the interests of general public. With regard to seeds, there are two orders, one Central and another State. The Central Order is: The Pulses, Edible oilseeds and Edible Oils (Storage Control) Order, 1977 and the State Order is: The A. P. Scheduled Commodities Dealers (Licensing and Distribution) order, 1982. There is another Order promulgated by the Central Government i. e. Seeds (Control) Order, 1983. All these orders deal with the seeds confined to the supply and the incidents thereof which may include the structure of the price, mode of distribution and even may include quality. But, if there is a separate legislation with regard to any of the said aspects specifically, the said aspect has to be dealt with only by that special law. The Seeds Act, 1966 is a piece of legislation of the Parliament providing for regulating the quality of certain seeds for sale and for matters connected therewith. seed under definition clause under Section 2 (11) is an inclusive definition which reads as follows:"2 (11) "seed" means any of the following classes of seed used for sowing or planting - (i) seeds of food crops including edible oil seeds and seeds of fruits and vegetables; (ii) cotton seeds; (iii) seeds of cattle fodder; (iv) jute seeds, and includes seedings, and tubers, bulbs, rhizomes, roots, cuttings, all types of grafts and other

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