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2013 Supreme(Guj) 323

K.M.THAKER
MAHALAXMI SEEDS – Appellant
Versus
STATE OF GUAJRAT – Respondent


Advocates Appeared:
MR. A.I. SURTI, ADVOCATE for the Applicant(s) No. 1-4.
NOTICE NOT RECD BACK for the Respondent(s) No. 1.
MR. K.P. RAVAL, APP for the Respondent(s) No. 1.

JUDGMENT :

1. In present petition under Section 482 of the Criminal Procedure Code, 1973, the petitioners being manufacturer and dealer of the product in question, have prayed, inter alia, that:

“4(A) The Petitioner humble pray before Your Lordships to kindly allow this Petition.

(B) Your Lordships be pleased to allow this petition to quash and set aside proceedings against the Original Accused in complaint no.132/2009 before Learned Principal Judge and Judicial Magistrate First Class Court at Amirgarh.”

2. So far as the relevant factual matrix is concerned, it is averred by the petitioners that respondent No.1 is Seed Inspector appointed as such vide notification dated 14.12.2004 under provisions of the Seeds Act, 1966 (hereinafter referred to as 'the Act') and that in exercise of powers conferred upon him by the Act, he had visited the premises of petitioner No.1 on 1.7.2008 and had drawn / collected sample of hybrid castor variety (triveni pooja). It is also averred that after drawing the said sample, it was forwarded to Seed Testing Laboratory at Gandhinagar. The laboratory, after testing and analysing the sample, found that the percentage of purity of the seeds was upto only 79.84





























































































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