ORDER :

1. By way of the present application, the applicant has prayed for quashing and setting aside the proceedings initiated against the applicant-accused in Criminal Case No. 1028 of 2008 before the learned Judicial Magistrate First Class Court at Dhoraji.

2. The brief facts as stated by the applicant for the adjudication of the present application are as under:

2.1. As per the case of the applicant, the respondent no.1 is discharging his duty as Agriculture Officer, Dhoraji. In furtherance to the powers conferred upon the respondent as Seeds Inspector under the Seeds Act, 1966, the respondent no.1 drew a sample of Hybrid Castor seeds, variety ‘Triveni Pooja’ bearing lot no. June-07-TA-01 from one M/s. Gujarat Agro Agency, Dhoraji for analysis. The said sample was sent for analysis to Seed Testing Laboratory at Gandhinagar. That as per the analysis report dated 31.12.2017 of the Seed Testing Laboratory, Gandhinagar, said sample of Hybrid Castor seeds, variety ‘Triveni Pooja’ bearing lot no. June-07- TA-01 was found sub-standard in Genetic Purity Test. Thereafter, the respondent no.1 had issued show cause notice to all the concerned and subsequently filed Criminal Case No. 1028 of 2008 before the Judicial Magistrate First Class Court at Dhoraji, after almost 10 months of expiry of validity / shelf-life of seeds, for alleged contravention of provisions of Section 6 and Section 7 of the Seeds Act, 1966, punishable under Section 19 of the Seeds Act, 1966.

2.2. The summons was served upon the applicant somewhere in June, 2012, whereby, the applicant- accused came to know about the Criminal Case No. 1028 of 2008. That on knowing about the same, the applicant had appeared before the trial Court and immediately applied for re-analysis of the said sample under section 16(2) of the Seeds Act, 1966 with Central Seed Testing Laboratory at Varansi, without even receiving the copy of the complaint and documents annexed thereto. The applicant had categorically stated in para-4 of the said application that, it may kindly be appreciated that the applicant- accused has still not received the complaint papers. However, as a matter of statutory right guaranteed under Section 16(2) of the Seeds Act, 1966, the applicant- accused has made this application at the earliest stage after receipt of summons. However, by now the shelflife of the aforesaid seeds has expired, and therefore, now the analysis of the said seeds will not bring proper result. However, appreciating the facts and evidence on record, the trial Court was pleased to reject the application dated 17.10.2013 vide order dated 06.12.2016 mainly on the ground that the validity of sample seeds had expired. Hence, the valuable right of the applicant guaranteed under the Seeds Act, 1966 was vitiated and hence the applicant has filed the present application with the aforesaid reliefs.

3. Heard Mr. Mihir A. Surti, learned counsel appearing for the applicant and Ms. Maithili D. Mehta, learned APP appearing for the respondent-State.

4.1. Mr. Mihir A. Surti, learned counsel appearing for the applicant submitted that on 31.07.2007, the respondent no.1 herein drew sample of Hybrid Castor Seeds, variety ‘Triveni Pooja’ bearing lot no. JUN-07-TA-01. The respondent no.1 sent sample to Seed Testing Laboratory at Gandhinagar for analysis on 31.07.2007. The sample was received by the Seed Analyst at STL, Gandhinagar on 08.08.2007. On 31.12.2007, Seed Analyst gave its report, wherein, the said sample of Hy. Castor Seeds was found sub-standard in Genetic Purity Test.

4.2. Mr. Surti, learned counsel further submitted that on 13.10.2008, the complaint being Criminal Case No. 1028 of 2008 came to be filed before the Judicial Magistrate First Class Court at Dhoraji and summons came to be served upon the applicant in June, 2012.

4.3. Mr. Surti, learned counsel submitted that, in the meanwhile, the shelf-life of s