THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.5995 of 2022

O R D E R :

This Criminal Petition is filed by the petitioners-accused Nos.4 and 5 to quash the proceedings against them in C.C.No.543 of 2021 on the file of the learned Judicial First Class Magistrate at Peddapalli (for short ‘trial Court’). The offences alleged against the petitioners are under Sections 420 and 188 of the Indian Penal Code (for short ‘IPC’) and Section 29(1)(e) of Insecticide Act, 1968 (for short ‘the Act’).

2. Heard Ms. Rubaiana S.Khatoon, learned counsel for petitioners as well as Smt.S.Madhavi, learned Assistant Public Prosecutor appearing for the respondents and perused the record.

3. The case of the prosecution, in brief, is that the de facto complainant, who is the Mandal Agriculture Officer, has lodged a complaint stating that as per the instructions of the Government of Telangana, to curb the supply of spurious and banned seeds in Telangana State, they were conducting regular checking at all fertilizer shops and suspected places with the help of Police. On 17.06.2021, while they were conducting check at Sabitham Village, at about 12.00 noon, the Police stopped a person namely Reddy Narsaiah. On checking, it was found that he was in possession of 10 Chilli seed packets of US-341 which is Nunhems BASF Company, which were restricted in Telangana as per the Company norms. He was also found in possession of 50 packets of Meenal Chilli Seeds belongs to the same Company which are allowed to sell in Telangana State as per the Company norms. On enquiry, he confessed that he purchased the same from accused No.1, who is the owner of the Srinivasa Fertilizers, Gadampalli, for Rs.4,200/-. The said bill was found to be unauthorized. He further confessed that he is not aware that the said US-341 Chilli seeds are not permitted to be sold in Telangana State and making him believe that the seeds are permitted in Telangana State, accused No.1 has sold the same to him.

4. Basing on the said complaint, a case in Crime No.142 of 2021 was registered against the accused. During the course of investigation, it was found that accused No.1 contacted accused No.2, who is the Sales Officer of BASF Nunhems Company for purchasing US-341 prohibited seeds to sell the same to the innocent farmers and to gain illegal profits. Upon which, accused No.2 informed him that they cannot be sold in Telangana and asked accused No.1 to contact accused No.3, who is the Owner of R.K. Seeds and Fertilizers, Etapaka, which is situated between the borders of Telangana and Andhra Pradesh. Accordingly, accused No.1 contacted accused No.3 and accused No.3, by preparing the bills in the names of some farmers has delivered the prohibited seeds to accused No.1. The investigation further revealed that accused No.1 is purchasing Glycel and Excel Mera-71, which contains Glyphosate from the petitioners-accused Nos.4 and 5, who are the Sales Officer and Regional Business Manager of Sumitomo Chemicals and selling the same to the innocent farmers for higher price. Glyphosate is used to get rid of waste plants/weeds in Cotton and Mirchi (Chilli) crops. Sale of Glyphosate is banned in the State of Telangana. After completion of investigation, charge sheet was filed before the trial Court. The same was taken cognizance and numbered as C.C.No.543 of

2021.

5. Submissions of learned counsel appearing for the petitioners:

5.1. The petitioners are innocent and have nothing to do with the offences alleged against them. The petitioners herein are the employees of the Sumitomo Chemical India Limited, a corporate entity registered under the provisions of Companies Act, 1956. The said Company is engaged in the business of manufacturing, importing and marketing products for crop protection, grain fumigation, bio-pesticides, pest control, etc. for use in India and it has obtained a valid manufacturing license. The petitioners herein have sold Glyphosate after proper registration and after obtaining necessar