The State Of Maharashtra vs Maharashtra Hybrid Seeds Co. Pvt. Ltd.

3. Brief facts which led to filing of this appeal are as follows:-

4. Case of the appellant is that the respondent not having a valid licence for the processing unit at Dhanora has committed gross violation of the provisions of the mandate of the Seeds Act, 1966, Seeds Rules, 1968, Seeds (Control) Order, 1983 and the provisions 2 of the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009. On 08.12.2017, local police inspected the godown of the respondent located at Dhanora and noticed suspected seeds of various kinds stocked and the police informed the concerned authorities of the agricultural department. On 09.12.2017, the Seed Inspector inspected the respondent’s godown at Dhanora and noticed huge quantity of seeds of various kinds stocked in random stakes in various godowns along with seeds suspected as Roundup Ready Flex (RRF) Hybrid Cotton. The Plant In-Charge was informed to furnish the Seed Inspector the information about crop wise, variety wise and lot wise stock details of the seeds along with stake details in various godowns. It is stated that on 10.12.2017, Plant In-Charge submitted the details of crop wise, variety wise and lot wise quantity out of the total stock of seeds in the godown. According to the appellant, the details so furnished were incomplete and indeterminate. The appellant alleges that the Plant In-Charge did not cooperate towards the written instruction of the Seed Inspector on the same day. The Seed Inspector therefore issued a notice to the respondent-Company on 15.12.2017 informing the Plant Manager that the appellant Company does not have the licence for storage or sale of the seeds in Dhanora unit and that it has come to 3 their knowledge that the activity of sale is being carried out by respondent in their godown at Dhanora. In the show-cause notice, the respondent was asked to provide certain documents and informed that in case of non-supply of the documents, the godown and the entire premises at Dhanora would be sealed. The appellants claim that respondent did not produce the documents and accordingly, the godown was sealed by executing a panchnama to prevent further violation of the provisions.

5. Aggrieved by the sealing of the Dhanora godown, respondent filed Writ Petition No.8157 of 2017 before the High Court of Judicature at Bombay, Nagpur Bench. The High Court vide interim order dated 22.12.2017 directed the appellant-authorities to open the sealed godown after taking a prima facie view and held that since the requisite sample of the seeds has already been taken and no purpose would be served in keeping the storage sealed. The High Court held that packed and labelled seeds were kept in Dhanora unit only for further transportation and no separate licence was required to be obtained for storage of seeds in the godown attached to respondent’s processing unit at Dhanora for such transportation. The High Court further held that the power of sealing was not available to the appellant-authorities, especially to 4 seal the storage and keep it sealed indefinitely or till the report of the samples is received from the laboratory. Being aggrieved, the appellant-State of Maharashtra has preferred this appeal.

37. The finding of the High Court that seeds were stored in Dhanora unit and no licence was required for storage of seeds for 31 transportation is set aside. The finding of the High Court that the Seed Inspector does not have the power to seal the godown and seizure is not in consonance with the provisions of the Seeds Act, 1966, Seeds Rules, 1968 and Seed (Control) Order, 1983 and the same is liable to be set aside. In compliance of the order of the High Court dated 22.12.2017, the authorities have already desealed the Dhanora unit of the first respondent and no further direction is necessary in this regard.

38. In the result, the impugned judgment of the High Court is set aside and the appeal is allowed.

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