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1997 Supreme(AP) 593

B.SUBHASHAN REDDY, K.B.SIDDAPPA
Sai Seed Agricultural Farms, Metpalli, rep. , by its Prop. Sambari Shankar, karimnagar District – Appellant
Versus
State OF A. P. rep. , by its Secretary, civil Supplies, Hyderabad – Respondent


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 S




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