Quashing upheld where no incriminating seizure from accused, prosecution rests solely on co-accused statement, IPC cheating/forgery ingredients absent, and police investigation invalid for non-cognizable regulatory offences requiring specific statutory procedures.

JUDGMENT :

PRAVIN S. PATIL, J.

Heard. Rule. Rule made returnable forthwith. Heard finally with consent of the learned Counsel for both sides.

2. By the present Application, the Applicants are seeking quashment of Regular Criminal Case No. 83/2019 pending on the file of Judicial Magistrate First Class, Ralegaon, District Yavatmal and Chargesheet No. 216/2019 dated 5/10/2019 arising out of Crime No. 161/2018 registered with Police Station, Wadki, Tahsil Ralegaon, District Yavatmal for the offence punishable under Sections 420, 463, 465, 468 and 471 of Indian Penal Code read with Section 15 of the Environment (Protection) Act, 1986, Sections 7, 8, 9, 10, 11, 12 and 13 of Seeds Act, 1968 and Rule 7 of the Seeds Rules, 1976, Sections 2(8) and 12 of the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009, Sections 3 , 9(c), 10(ch) of Cotton Seeds Rule, 2010 and Sections 3 , 7, 8, 9, 10 of Essential Commodities Act, 1955.

3. It is the submission of the Applicants that there is no seizure of any contraband articles from their custody. The only allegation against them is that as per the statement of co-accused that fertilisers were supplied by the Applicants, Chargesheet came to be filed against them in the matter. However, considering the allegations, which are levelled against them, do not make out any offence as alleged against them, hence, they sought indulgence of this Court in the matter.

4. It is submitted by the Applicants that both the Applicants were Proprietors of Suraj Agro Agency. During the pendency of the present Application, Applicant No.1 is expired and now only the Applicant No.2 is surviving accused in the present Application.

5. The prosecution case in brief is that, Respondent No.2 is working as Taluka Agricultural Officer, Panchayat Samiti, Ralegaon, District Yavatmal. On receipt of information from the Police Station, Wadki, Tahsil Ralegaon, District Yavatmal that Accused No.1 Pramod Bhaurao Dahule R/o Khairi, Tahsil Ralegaon, District Yavatmal has illegally stocked the prohibited cotton seeds and other material, Respondent No.2 along with other staff members raided the house of the Accused No.1 – Pramod Dahule. During search of the house, he seized six plastic bags containing prohibited cotton seeds of different brands, as such, total 292 bags of cotton seeds were seized, which were found to be prohibited in the State of Maharashtra.

6. It is further alleged that upon enquiry from the Accused No.1 Pramod, it is revealed that he had purchased those prohibited cotton seeds bags from the shop of present Applicant. Accordingly, the Respondent No.2 had raided the shop of the present Applicant namely, M/s Suraj Agro Agency on 22/5/2018. But no prohibited cotton seeds were seized from the Applicant. However, on the basis of statement of Accused No.1 that Applicant has made available the cotton seeds from M/s Suraj Agro Agency, Applicant is chargesheeted in the matter.

7. The learned Counsel for Applicant submitted that the offence under Sections 420, 463, 465, 468 and 471 of Indian Penal Code are not made out against them. It is submitted that to attract Section 420 of Indian Penal Code, there should be specific allegations to constitute the offence of cheating or it should demonstrate that a person has been induced either fraudulently or dishonestly to deliver any property to any per