2609aba258.11+.odt 1/7 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 258/2011 Sanjay s/o Madanlalji Chitlange V/s. The State of Maharashtra --------------------------------------------------------- Mr. A. S. Mardikar, Advocate for the Applicant Mr. S. S. Doifode, A.P.P. for the Non-Applicant -------------------------------------------------------- CRIMINAL APPLICATION (ABA) NO. 259/2011 Devidas s/o Sahebrao Tahkre V/s. The State of Maharashtra ----------------------------------------------------- Mr. J. B. Kasat, Advocate for the Applicant Mr. S. S. Doifode, A.P.P. for the Non-Applicant ------------------------------------------------------------------ CRIMINAL APPLICATION(ABA) NO. 265/2011 Ashish Madhukarrao Tale V/s. The State of Maharashtra ---------------------------------------------------------- Mr. S. V. Sirpurkar, Advocate for the Applicant Mr. S. S. Doifode, A.P.P. for the Non-Applicant -------------------------------------------------------- CORAM : U.V. BAKRE, J. DATE OF RESERVING THE ORDER : 26th SEPT.,2011. DATE OF PRONOUNCING THE ORDER : 03rd OCT.,2011. O R D E R Heard learned counsel for the applicants and learned A.P.P. for the respondent. 2. The applicants, who apprehend their arrest in Crime No. 295/2011 registered by Police Station Civil Lines, Akola, for offence under Sections 468, 471, 420 read with Section 34 of the Indian Penal Code (I.P.C.) and Sections 6(a) and 7(b) of the Seeds Act, 1966 (Seeds Act), have filed the present applications for anticipatory 2609aba258.11+.odt 2/7 bail, which are being disposed of by this common order. 3. The report with Civil Lines Police Station, Akola is lodged by Shri. Ajay Parate, Seeds Inspector/Taluka Agricultural Officer against the applicants and one Gopal Kakad. The applicant Sanjay Chitlange is the proprietor of M/s. Mahalaxmi Seeds and Processing Plant. The applicant Devidas Thakre is the employee of said M/s. Mahalaxmi Seeds and Processing Plant. The applicant Shri. Ashish Tale is the proprietor of M/s. Anupam Agro Industries. Mr. Gopal Kakad is the Plant-Incharge of M/s. Mahalaxmi Seeds and Processing Plant. 4. The National Seeds Corporation (hereinafter referred to as the “NSC”) takes seeds from the farmers and gets them processed through their representatives called Custom Processing Agents. The NSC has entered into Custom Processing agreement with M/s. Mahalaxmi Seeds and Processing Plant (hereinafter referred to as the “MSPP”) and with M/s. Anupam Agro Industries (hereinafter referred to as “AAI”). The NSC used to send raw seeds of Soybean to MSPP and AAI and after the agreed work of processing, the MSPP and AAI had to forward the sample of seeds to Seed Testing Laboratory to certify whether the seeds have passed or failed. Both types of seeds are to be returned by MSPP and AAI to NSC and MSPP and AAI are entitled for processing charges and storage charges. The passed seeds are to be delivered to NSC whereas low grade / undersized (failed) seeds are to be returned back to the growers / farmers, after removing the tags / labels, etc. 5. The case as stated in the reply, briefly, is as under :- As per the seed testing report of MSPP, total 6288 bags of Soybean 2609aba258.11+.odt 3/7 seeds weighing about 868.40 quintals failed and as per the seed testing report dated 25/06/2011 of total 10180 bags of seeds weighing about 3054 quintals failed. In spite of returning the said failed seeds to NSC, the MSPP and AAI filled them in seed bags, tagged them and sealed them by mentioning bogus trade mark “Bhumidhan” Soybean seed and mentioned on those bags the names of MSPP and also printed bogus information about variety, germination physical purity, general purity, lot number, date of test, false address of MSPP, etc. The said failed seeds were then sold to farmers through Krushi Seva Kendras and others and thus wrongful gain was received. The said work of tagging, sealing, printing bogus information etc. was done at the Processing Plant of Ashish Tale i.e. at AAI. The applicant Sanjay Chitlange (MSPP) has thus disposed of 6288 bags of failed seeds and the applicant Ashish Tale (AAI) has disposed of 10180 bags of failed seeds all filled under the bogus name “Bhumidhan”. During the raid conducted by Ajay Parate and others on 12/07/2011 at the Plant of AAI, failed Soybean seeds were found while being packed in the seed bags and they were seized in presence of members of raiding party, and in the presence of all the 4 accused persons. The failed seeds of the variety “JS-335” belonging to NSC, but packed in “Bhumidhan” bags of MSPP with label of MSPP were also found being loaded into vehicle bearing no. MH-30-B-2227. As per the report of Ajay Parate, during the raid, Sanjay Madanlal Chitlange agreed that he had purchased the said failed seeds belonging to NSC. The failed seeds loaded in vehicle no. MH -30-B-2227 were to be carried to Pinjer, as admitted by the driver of that vehicle. Failed seeds were also found in the godown of AAI. According to Ajay Parate, the MSPP and AAI, in contravention of Sections 6(a) and 7(b) of the Seeds Act and sub- clauses (1) and (2) of clause 18 of the Seeds (Control) Order, 1983, have sold the failed seeds of NSC to farmers through Krishi Kendras. 2609aba258.11+.odt 4/7 6. The applicant Sanjay Chitlange of MSPP has claimed that he was having license issued by the competent licensing authority under the Seeds (Control) Order,1983 and that under the Seeds Act, a person may carry on business of selling, keeping for sale, offering to sell, etc., the seeds of notified kind for which he can purchase the seeds from the agriculturists and such seeds can be sold under the provisions of the Seeds Act. According to Sanjay, the complainant has filed a premature and false complaint. 7. The applicant Devidas Thakre claims that he is simply an employee of MSPP doing clerical job and is not concerned with the production activity of the Plant. He has also stated that the complaint is false and premature. 8. The applicant Ashish Tale claims that his plant namely AAI used to process the raw seeds as per the prescribed procedure and used to separate good seeds from failed seeds and give them to the MSPP which is the authorized dealer of NSP who would collect them after showing valid gate pass issued by NSP. He therefore claims to be innocent. 9. There are on record the certificates pertaining to failed seeds at the Processing Plants of MSPP and AAI. There is on record the label of “Bhumidhan” with details of variety, germination, genetic purity, etc., written on it, which conform to the prescribed requirements. The statement of members of raiding party are also there on record. The statements of hamals (loaders) are also recorded. 10. There are on record statement of various farmers saying that they had 2609aba258.11+.odt 5/7 purchased the bags of Soyabean seeds under the name “Bhumidhan” and had sowed them in their fields but the crop did not grow in the manner it had to grow and there was scarce growth since the seeds were bogus and this caused them big financial loss. 11. The statements of persons running Krishi Seva Kendra have also been recorded by the Investigating Officer, which reveal purchase of said Soybean seeds under the name “Bhumidhan” by them from MSPP and sale to the farmers. The lists of farmers who have been sold such seeds have been prepared. Besides there are delivery memos, cash receipts, etc. proving the alleged transaction. There is no evidence to show that MSPP is the authorized dealer of NSP to sell the seeds of NSP to Krishi Seva Kendras. 12. Individually, it is inter-alia the contention of the applicant Ashish Tale that he is only the Custom Processor and did the work alloted to him by NSC under the contract and had delivered the seeds to the authorized dealer i.e. MSPP and hence is not at all involved in sale of failed seeds. The above cannot be prima facie believed because the failed seeds which were with AAI were also found being packed in the bags named “Bhumidhan” of MSPP on which bags false information about the quality etc., was mentioned and at the time of raid, the applicant Ashish Tale was physically present at the spot along with Sanjay Chitlange, Devidas Thakare and labourers and this spot was the processing unit of AAI. This applicant Ashish has not produced any document to show that he was authorized by NSC to deliver the seeds good as well as rejected to MSPP. There is no license in the name of MSPP to manufacture soybean seeds and sell them under the name “Bhumidhan”. 2609aba258.11+.odt 6/7 13. It is the contention of the applicants that the offence under the Seeds Act is non-cognizable and hence police officer is not empowered to investigate and further the FIR does not disclose any fact which can constitute an act of inducement by the applicants and therefore the material or record is not sufficient to disclose the offence under Sections 468, 471 and 420 of I.P.C. Reliance has been placed on the decision in the case of Korra Srinivas Rao Vs. State of Maharashtra – 2001 ALL MR (Cri) 697, wherein it was found that the facts of the case did not disclose any dishonest inducement to buy seeds and therefore Section 420 of I.P.C. was not applicable. In the case supra, since the offences alleged under the Seeds Act and Trade and Merchandise Marks Act were non-cognizable, the F.I.R.’s and police investigation carried out was quashed. The facts of the above case are totally different and there was no allegation of failed seeds/rejected seeds being sold as genuine seeds. In the present case, the main allegation is that failed/rejected seeds are packed as genuine seeds as if they fully conform to the prescribed standard by annexing such labels to them and are sold to Krushi Seva Kendras which in turn have sold them to the farmers. The farmers are ultimately cheated. Prima facie, therefore, Section 420 of I.P.C. is applicable. There is making of false documents like bags with bogus name “Bhumidhan”, labels with false description of quality, etc. and the same has been made with intention of causing it to be believed that the said bags contained genuine seeds of soybeans. Prima facie there is therefore evidence fro application of sections 468 and 471 of I.P.C. 14. It is true that Rule 23-A of the Seeds Rules, 1968 empowers the Seed Inspector to investigate into and launch proceedings against the supplier for contravention of the provisions of the Act and the Rules. But, neither the Seeds Act 2609aba258.11+.odt 7/7 nor the Rules framed thereunder take away the powers of police officer provided by Cr. P. C. Thus, as the offences punishable under Sections 420, 468 and 471 of I.P.C. are cognizable, police can investigate into the matter. 15. The matter, from its very nature, appears to be complicated. The co- accused namely Gopal Kakad has been arrested and is in custody. It is to be found out as to how much quantity of bogus seeds in all are packed and sold, as to where the labels were printed, how much gain is made and who all are involved in the crime. Poor farmers are being cheated. In my view, looking at the facts and circumstances of the case, it would not be advisable to grant anticipatory bail to the applicants against whom there is prima facie evidence. 16. Hence, all the three applications are rejected. 17. The learned Advocates for the applicants pray that interim protection granted to the applicants be continued till 28/10/2011, as they wish to approach the Higher Court. In the interest of justice, the interim protection granted to the applicants shall continue till 28th instant. JUDGE wwl