2016 (1) ABR (Cri) 219 ::2015 AllMR(CRI) 3884

Bombay High Court

Hon'ble Judge(s): V. M. Deshpande , J

( A ) Seeds Act (54 of 1966) S. 6 , 16 — Low germination of seeds — Analysis of sample of seeds — Procedure — Re-testing of sample with Central Seed Laboratory — Before sending sample court has to ensure about seal — Court is to send sample under its own seal to Central Seed Laboratory — It is to be done only after institution of proceedings before court — Neither accused nor complainant has right to send sample for re-testing with Central Seed Laboratory.It is crystal clear that before sending the sample for retest to the Central Seed Laboratory, the Court has to ensure about the seal and then the Court is to send the said sample under its own seal to the Central Seed Laboratory. Obviously, such exercise by the Court can be done only after the institution of the case/proceedings before the said Court. In that view of the matter, neither the accused nor the complainant, as the case may be, is having right to send the sample for retesting with the Central Seed Laboratory. Since that exercise has to be done only by the Court, wherein the proceedings are initiated or filed under its own seal. (Paras13)

( B ) Constitution of India Art. 21 — Seeds Act (54 of 1966), Ss. 6, 16 — Low germination of seeds — Analysis of sample of seeds — Shelf-life of sample expired much prior to filing of complaint — Accused thus could not exercise his right of retesting of sample under S. 16 (2) by Central Seed Laboratory — Complainant was under obligation to launch prosecution as early as possible and in any case before expiry of shelf-life of product — Denial of such right results into denial of fair trial — Proceedings liable to be quashed. (Paras1718)