Heard.

2. By this application, the applicant seeks to quash and set aside the proceedings in Regular Criminal Case No.711/1991 on the file of C.J.M. Nanded for the offence punishable U/s.420, I.P.C.

3. The fats leading to the said case and the present application may be stated in brief thus:

The applicant used to run a seeds shop in the name and style of Amol Fertilizers as dealer of Mahyco Seeds at Varirabad, Nanded. One Balaji Vithalrao Devne, resident of Udgir, who is a farmer went to the shop on 25-9-1991 for purchase of Sunflower seeds bag of Mahyco Company. He purchased one bag consisting of 3 Kg. seeds of Sunflower. Maximum retail price of that seeds bag was Rs.432/-. However, the applicant charged Rs.750/- from him for the said bag and also refused to issue any bill/ memo or receipt for the same. As the applicant did not issue bill or receipt on sale of the bag of seeds, said Balaji became suspicious that the seeds could be bogus. Therefore, he immediately approached Police Station Vazirabad, Nanded and lodged the report. After receiving that report, P.S.I. Shivaji Patil of Vazirabad Police Station called two panch witnesses and informed them about the complaint of Balaji. It was decided to treat Balaji as a punter and to send him to the shop of the applicant for purchase of Sunflower seeds again. Currency notes of Rs.750/- were handed over to him. Numbers of those currency notes were noted down. The punter, Panch witness and the Police party went to that side again. As per directions Balaji went to the shop to purchase 3 Kg. bag of Hybrid Seeds of Sunflower. The applicant sold him a bag of 3 Kg. Sunflower seeds with certain mark of Mahyco Company, description of the seeds and maximum retail price Rs.412=50 Ps. However, he received Rs.750/- and did not issue any receipt or bill for the same. As per instructions, punter Balaji gave signal and immediately Police and Panch as went to the shop and seized the above referred currency notes of Rs.750/- from the applicant.

Printed receipt book revealed that the applicant was dealer of Mahyco Seeds Co. but the bag of the seeds was not properly labelled and sealed. In view of this P.S.I. Shivaji himself lodged F.I.R. and registered Crime No.356/91 U/s.420 of I.P.C. He recorded statements of some witnesses including the punter. He also collected information from the office of Maharashtra Hybrid Seeds Co.Ltd., Jaina (Mahyco) which revealed that the bag of the seeds with batch number was not the product of Mahyco.

4. After completing investigation the Police filed charge-sheet in the Court of C.J.M. on 9-12-1991. On 10-3-1992 vide Exh.9 Charge was framed against accused for the offence punishable Vls.420 I.P.C. with specific allegation that he had dishonestly induced Balaji to pay Rs.7501- as the price of Sunflower seeds while in fact, the price was Rs.432/- and further that he had sold him one unsealed bag of Sunflower seeds which was not of any Company and thereby he had committed offence. Thus, in the charge framed by the learned C.J.M. there are two parts. First is about charging excess price and second is about sale of unsealed bag of Sunflower which were not product of any Company. Evidence of P.W.1 was recorded on 18-2-1993 and evidence of P.W.2 and 3 was recorded on 15-4-1993. Statement of accused was also recorded VI s.313 Cr.P.C. on 16-9-1993. It appears that thereafter, the A.P.P. conducting the case made an application to issue summons to witness N.B. Bhartia, Assistant Administrative Officer of Maharashtra Hybrid Seeds Co.Ltd. to prove that the said bag of seeds was not a product of Mahyco. It appears that thereafter for long time either the accused was not present or the witness did not turn up.

5. On 5-6-1996, the application filed present application U/s.482, Cr.P.C. to quash the proceedings, mainly on the ground that under clause 13 of the Seeds (Control) Order, 1983 only Seed Inspector can enter and search any premises of the shop to see that the provisions