Important Point—Seizure of stocks is not automatic.

1. Heard learned counsel for the petitioners and also the learned Government Pleader for Agriculture representing the respondents and perused the prayer in the writ petition with the supporting affidavit and other material on record and also the impugned seizure panchanama with acknowledgment in Form-IV of the details of the stock seized.

2. The prayer in the writ petition reads as follows:

To issue any appropriate writ, order or direction preferably a writ in the nature of writ of mandamus, declaring the action of the 3rd respondent seizing the socks in Form-IV on 03.05.2017 as illegal, arbitrary, malafide, intentional, contrary to the Seeds Act, 1966 and without authority and consequently set aside the same as illegal in the interest of justice and to pass such other order or orders.

3. The grievance of the petitioners is that the authorities could not have been seized the stock in question for there is no any statutory violation of either Section 3 or 6 or 7 or 14 or 15 or 17 of the Seeds Act as the case may be, much less any of the Rules covered by the Seeds Control Order, 1983, particularly Rules 8, 8-A, 13 and 14 or Form-A or Form-C covered by the prescribed form thereunder.

4. Whereas it is the submission of the learned Government Pleader that the authorities got the power to seize as contemplated by Rule 13 of the Seeds Control Order 1983 which is to be read at best with Section 14 of the Act and Form-A and Form-C under the Control Order prescribes the requirement of the specific brand to deal with as a variety of the seed and the licence obtained mentioned in detail what are the seeds to be dealt with and admittedly the seeds seized not included in those varieties, which he cannot deal with that is one of the violations apart from expired stock available. Thereby the seizure is as per the procedure established by law and there is nothing to impugn, hence the writ petition impugning the same is liable to be dismissed.

5. Sections 6, 7, 14 & 15 of the Seeds Act read as follows:

6. Power to specify minimum limits of germination and purity etc.:- The Central Government may, after consultation of 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 marks 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.

14. Powers of Seed Inspector:-

(1) The Seed Inspector may -

(a) take samples of any seed of any notified kind or variety from -

(i) any person selling such seed; or

(ii) any person who is in the course of conveying, delivering or preparing to deliver such seed to a purchaser or a consignee; or

(iii) a purchaser or a consignee after delivery of such seed to him;

(b) send such sample for analysis to the Seed Analyst for the area within which such sample has been taken;

(c) enter and search at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed and order in writing the person in possession of any seed in respect of which the offence has been or is being committed, not to dispose of any