The central legal point established in the judgment is the exclusive applicability of the Maharashtra Cotton Seeds Act, 2009, in regulating the sale price of cotton seeds and the requirement for a written complaint by the Controller or an authorized officer for the court to take cognizance of an offence under the Act.

S.S. SHINDE, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. This Petition is filed with following prayers:

"(B) The Charge-sheet bearing R.C.C. No. 384/2015 pending before the learned Judicial Magistrate, First Class, Paithan may kindly be quashed and set-aside and Petitioner, who is arrayed as Accused No. 1 in the Charge-sheet may kindly be discharged.

(C) Order of issue of process, if any, against the Petitioner may kindly be quashed and set-aside."

3. The brief facts giving rise to this Petition are as under:

(a) It is the case of the Petitioner that he is dealing in business of different seeds, fertilizer and other agriculture items since more than 20 years in the name and style as "Rameshwar Krushi Seva Kendra" Paithan. It is submitted that on 9th June, 2015, Respondent No. 2 visited shop of the Petitioner and he satisfied himself that the Petitioner was selling the seeds as per Government Regulation dated 8th June, 2015 at the rate of Rs. 830/- per bag and issuing purchase bills. Thereafter Respondent No. 2 left the shop of the Petitioner and again after 15 minutes came back to the shop. At that time many agriculturist had gathered for purchasing seeds. One Shivpal Gangaram Rathod, resident of Khoda-Tanda was also present and he purchased 10 bags of golden cotton seed of Vithal variety. The Petitioner issued the bill of 10 bags at the rate of Rs. 830/- per bag. It is the case of the Petitioner that Respondent No. 2 without satisfaction of real facts and without any complaint from any agriculturist present there or any complaint of Shivlal Gangaram Rathod about charging excess rate of Rs. 900/- ber bag, drawn a false panchnama by alleging that, the Petitioner has collected Rs. 9000/- from Shivlal Gangaram Rathod for 10 bags instead of Rs. 8300/- and has not issued purchase bill to the said person.

(b) It is the further case of the Petitioner that Respondent No. 2 also visited another shop of Sunil Lalasaheb Sawar, namely "Ishwar Krushi Kendra" Paithan. Respondent No. 2 on 10th June, 2015 filed a complaint at Paithan police station against the Petitioner and Sunil Lalasaheb Rawas and police registered Crime No. 43 of 2015 for the offences punishable under Section 420 of the Indian Penal Code, Section 8 of Seeds Control Order, 1983, Section 4 of Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009 (for short "Maharashtra Cotton Seeds Act, 2009") and Section 3 of Essential Commodities Act, 1955. It is submitted that the Petitioner was released on anticipatory bail on 24th August, 2015 by the learned Sessions Judge.

4. Learned counsel appearing for the Petitioner referring to the grounds taken in the Petition, submitted that the Maharashtra Cotton Seeds Act, 2009 made applicable on 3rd July, 2009 and this Act was specifically enacted to regulate the supply, distribution, sale and fixation of sale price of cotton seeds and for the matters connected therewith or incidental thereto. Under the said Act cotton seeds are not notified under Section 5 and consequently no sale of such seeds is regulated under Section 7 of the Maharashtra Cotton Seeds Act, 2009. It is submitted that as per the said Act, cotton seed is not an essential commodity within the meaning of the Essential Commodities Act, 1955 as amended in the year 1985 and amended by the Essential Commodities (Amendment Act 2006). Similarly, provisions of the Seed (Control) Order, 1983 which was issued under Section 3 of the Essential Commodities Act, are not applicable so far as they relate to the cotton seeds.

5. Learned counsel further submitted that to implement the provisions of the Maharashtra Cotton Seeds Act, 2009, under Section 3 of the said Act a Controller is appointed and powers are vested with the Controller for regulating, maintaining and increasing the supply or distribution or sale of cotton seeds. It is submitted that under