JUDGMENT :

1. By way of preferring present application under Section 482 of the Criminal Procedure Code, 1972, the applicants have invoked extra ordinary jurisdiction of this Court for quashing and setting aside the criminal complaint being Criminal Case No.756/2008 pending before the court of the learned Judicial Magistrate, First Class, Upleta for the offences under Sections 6 and 7 of the Seeds Act, 1966 (hereinafter referred to as “Act, 1966” for short) and under Rule 10 of the Seeds Rules, 1968.

2. Heard learned advocate, Mr. A.I. Surti for the applicants and learned APP Mr. L.B. Dabhi for the respondents.

3. The brief facts leading to the filing of the present application are as under,

3.1 The applicant no.1 is the owner of the shop and retail distributor of the product viz., Hybrid Bajra seeds variety “Swaminath- 2001”, whereas the applicant no.2 is the owner and manufacture of the said product and the respondent no.1 is the Agriculture Officer, Upleta.

3.2 On the fateful day, the respondent no.1 took sample of Hybrid Bajra seeds variety “Swaminath-2001” bearing Lot No.55-01-09- 212503 from the premises of the applicant no.1 for its analysis and sent it to Seed Testing Laboratory