Advocates:
['BAGDIYA VISHAL A', 'COPY SERVED ON PP', '', 'P P', 'TANDALE P R']

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CRI WP 1324.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO. 1324 OF 2015

SANJAY SHANTILAL JAIN

VERSUS

THE STATE OF MAHARASHTRA & OTHERS.

...

Adv. for Petitioner : Mr.R N Dhorde Sr. Counsel i/b V A

Bagdiya

APP for Respondent Nos. 1,3,4 : Mr P G Borade

Advocate for Respondent No.2 : Mr P R Tandale

...

CORAM : V.K. JADHAV, J.

Dated: August 25, 2016

...

PER COURT :-

1.

Being aggrieved by the order passed below Exh.1

in Criminal Misc. Application No.422 of 2014 by the

Judicial Magistrate First Class, Udgir and the order

passed by the Additional Sessions Judge, Udgir dated

19.11.2014 in Criminal Revision Application No.22/2014,

the original applicant has preferred this writ petition.

2.

Brief facts, giving rise to the present writ are as

follows :-

a]

On the basis of the complaint lodged by Seed

Officer, Crime No.153/2014 for the offence punishable

under sections 419, 420, 468, 469, 109, 114 of the

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Indian Penal Code and Section 7 (a), 7 (b) and 19 of The

Seeds Act, 1966 and Rule 13 of The Seeds Rules, 1968 is

registered against the applicants and other accused

persons. After passing of the order by the learned

Additional Sessions Judge, Udgir, the Investigating

Officer has filed an application before the Magistrate,

Udgir and accordingly Sections 3 and 7 of the Essential

Commodities Act also came to be added. It has alleged

in the complaint, that on receipt of the secret

information, the Seed Officer alongwith staff members

raided the premises of the Kohinoor Phutana Mill and

Kohinoor Dal Mill situated at Udgir and found

soyabeans in the bags labeled as Anmol Beej Band

alongwith trucks. Furthermore, in order to facilitate the

said crime, huge stock of soyabean seed was also found

kept in the go-down of Maharashtra State Ware House

at Udgir. Thus, the Seed Officer and his staff also

visited the Ware House of the Maharashtra State and

found 6181 bags of the Soyabean worth of

Rs.2,78,14,500/- (Rs. Two crores seventy eight lacs

fourteen thousand five hundred). It has alleged in the

complaint that the applicant and other accused persons

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CRI WP 1324.2015.odt

in furtherance of their common intention and

conspiracy were lebelling said soyabean by Anmol Beej

Brand and even though said Soyabean was not in the

form of seed selling it to the agriculturists in the various

Districts. On the basis of these allegations aforesaid

crime came to be registered at Police Station Rural

Udgir. The applicant, who is one of the accused, has

filed an application bearing Criminal Misc. Application

No.422 of 2014 for custody of the soyabean kept in the

go-down of the Maharashtra State in 6181 bags on the

ground that he had obtained licence for carrying the

business in dealer in seeds from Deputy Director of

Agriculture Ratlam (M.P.) under the relevant provisions

of Seeds (Control Order) 1993 on 23.6.1997 and also

obtained licence from the Director of Agriculture (input

and Quality control) Maharashtra State, Pune on

4.7.2015. As per said licence the applicant is permitted

to purchase seeds from the market or farmers and after

processing the same, selling it in the market. It has

contended in the application that the Seed Officer has

illegally seized soyabean seeds merely on suspicion from

the premises of Kohinoor Futana Mill and Kohinoor Dal

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Mill and also from the Maharashtra Government Ware

House. It has also stated in the application that, if the

said soyabean seeds are kept lying idle in the go-down

or in the Warehouse, the sam