THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.15100 OF 2024

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioners/accused Nos.1 to 3 to quash the proceedings against them in C.C.No.12711 of 2021 on the file of the VIII Additional Chief Judicial Magistrate, Hyderabad. The offences alleged against petitioners are under Section 420 read with 511 of Indian Penal Code (for short ‘IPC’) and Section 19 of The Seeds Act, 1966.

2. Heard Mr. Siddharth Panwar, learned counsel representing Mr. Mohd. Muzaferullah Khan, learned counsel for petitioners and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for respondent No.1/State.

Perused the material on record.

3. On the basis of a complaint dated 09.06.2021, an F.I.R.No.127 of 2021 came to be registered. The gist of the complaint is that, on 09.06.2021 on credible information, with the support of local police, respondent No.2-

complainant searched the premises of VRL Logistics Limited bearing H.No.22-7-270/20, Devemdevdi, Hyderabad. It is stated in the complaint that a consignment vide LR.No.1034894110, from Chandra Seeds Store, (near Old Vegetable Market, Padra, Vadodara District, Gujarat), was addressed to Hazarimal Radha Kishan Tapadiya, (Shop bearing No.22-6-548, Mir Alam Mandi, Hyderabad). Consignment consisted Chowlaisag Bhaji Green Seeds (Amarathus/Thotakura seeds) in ten gunny bags each containing 500 kgs worth Rs.75,500/-. A clear violation of Section 7 of the Seeds Act, 1966, cheating farmers by selling these seeds was noted. Panchanama was conducted in the presence of two witnesses (Mr. Mohammed Ejaj Khan and M.A. Majeed). Two seed samples were drawn, sent for analysis with necessary documents, to Assistant Director of Agriculture, Seeds Testing Laboratory, Rajendranagar, Hyderabad. Respondent No.2-complainant seeks necessary action to be initiated against Hazarimal Radha Kishan Tapadiya.

4. Charge sheet is filed for offences under Section 420 read with Section 511 of IPC and Section 19 of The Seeds Act, 1966.

5. Learned counsel for petitioners submitted that, complaint does not contain any details except that the consignment is addressed to Hazarimal Radha Kishan Tapadiya. It is further submitted that the consignment was taken from VRL Logistics Limited, samples are sent for testing. It is also submitted that merely on the basis of address mentioned, it cannot be held that it is the act of petitioners/A1 to A3, who secured the seeds, for purposes other than legal.

6. Learned counsel submitted that any business requires a licence in the name of proprietor who runs the business and that the proprietor of the shop would be responsible for violations. That in the present case, no such effort has been made by the Investigating Officer as to who the proprietor is. In the absence of any such legal evidence/proof, petitioners/A1 to A3 cannot be named as accused.

7. It is contended that merely because the shop address coincides, the same does not establish the fact that petitioners placed an order with Chandra Seeds (at Vadodara, Gujarat State). No effort is made out to verify such details that the seeds were from Chandra Seeds at Vadodara, Gujarat State, to the petitioners on an order placed. That in the absence of details, petitioners/A1 to A3 cannot be charged with Sections 420 read with Section 511 of IPC and Section 19 of The Seeds Act, 1966. It is pointed out that petitioners/ A1 to A3 were granted anticipatory bail.

8. On the other hand, learned Assistant Public Prosecutor for respondent No.1-State invited the attention of this Court to the entire record and submitted that petitioners/A1 to A3 are in the business of seeds and the consignment is for Chowlaisag Bhaji Green Seeds (Amarathus (Thotakura) seeds) [in ten gunny bags each containing 500 kgs worth Rs.75,500/-] addressed to Hazarimal Radha Kishan Tapadiya Shop bearing No.22-6-548, Mir Alam Mandi, Hyderabad. It is submitt