Agriculture contributes more than 65% of Indian Gross Domestic Produce. Further India is one of the largest exporters of Agricultural products.
Indian Government to support Agriculture has taken various steps i.e setting up Government laboratories for sample testing, enacting Laws and setting up market for easy and smooth trade of food grains as well as other agricultural products. The leading acts enacted by Indian government are Food Adulteration Act, Essential Commodities Act, Insecticides Act, Fertilizer Control Order etc. and has also framed rules to control the production of seeds and to keep a check that the seeds, insecticides and fertilizers that are supplied in market are of superior quality and confirm to prescribed specifications. The non confirmation to prescribed specifications would result in criminal prosecution and penal consequences. In this article we would limit ourselves to only the penal provisions pertaining to seeds.
In the statute Agriculture department of every state has been given the power to collect the sample of seeds available in the market and to get the same tested in Government Laboratories to verify that the seeds supplied in market are as per standard claimed by the Companies. In case the sampled seeds do not confirm to the prescribed specifications there is penal provision in Section 19 and 20 of the Seeds Act which is as under:
19. Penalty.—If any person— (a) contravenes any provision of this Act or any rule made thereunder; or 8 (b) prevents a Seed Inspector from taking sample under this Act; or (c) prevents a Seed Inspector from exercising any other power conferred on him by or under this Act, he shall, on conviction, be punishable— (i) for the first offence with fine which may extend to five hundred rupees, and (ii) in the event of such person having been previously convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 20. Forfeiture of property. —When any person has been convicted under this Act for the contravention of any of the provisions of this Act or the rules made thereunder, the seed in respect of which the contravention has been committed may be forfeited to the Government.
Apart from the same seeds have been included in the Essential Commodities Act and it is usual for the prosecution to also add Section 3 of the Essential Commodities Act which prescribes the condition in which violation may take place and Section 7 of the act prescribes the punishment which can be awarded.
One of the main issues faced by the companies is that the collection of samples by the authority for testing the genuineness of the seeds is generally not in accordance with the rules framed by the government. As per Rule 24 of the Seeds Rule sample has to be taken in clean dry airtight container which shall be closed sufficiently tight to prevent leakage, entrance of moisture and shall be carefully sealed. In most of the cases sample collected by the department is in cloth bags, thus it amounts to clear violation of the rules framed by the government. There are various presidents settled by different High Courts wherein it has been settled that if the sample of the seeds has been collected in a cloth bag the complaint is liable to be quashed.
Some of the relevant Judgments are as follows: –
Gauri Shankar and Ors. vs. State of Rajasthan the Hon’ble High Court of Rajasthan held that “The procedure and the manner in which the samples are to be taken have been prescribed in Part X of the Seeds Rules, particularly rules 24, 25 and 26 of the Seeds Rules, which read as under: –
“Rule 24.– Manner of taking samples. – Samples of any seed of any notified kind or variety for the purpose of analysis shall be taken in a clean dry container which shall be closed sufficiently tight to prevent leakage and entrance of moisture and shall be carefully sealed.
Rules 25.– Containers to be labeled and addressed. – All containers, containing samples (1) S.B. Criminal Misc. Petition No. 554/2009 (Gauri Shanker & ors. Vs. State of Rajasthan) (2) S.B. Criminal Misc. Petition No. 555/2009 (Gauri Shanker & ors. Vs. State of Rajasthan)
Rules 26. Manner of packing, fastening and sealing the samples, – All samples of seeds sent for analysis shall be packed, fastened and sealed in the following manner. –
(a) The stopper shall first be securely fastened so as to prevent leakage of the containers in transit.
(d) The container shall then be completely wrapped in fairly strong thick paper. The ends of the paper shall be neatly folded in and affixed by means of gum or other adhesive.
(e) The paper cover shall be further secured by means of strong twine or thread both above and across the container, and the twine or thread shall then be fastened on the paper cover by means of sealing wax on which there shall be at least four distinct and clear impressions of the seal of the sender, of which one shall be at the top of the packet, one at the bottom and the other two on the body of the packet. The knots of the twine and thread shall be covered by means of sealing wax bearing the impression of the seal of the sender.
A perusal of Section 15 of the Seeds Act and rules 24, 25 and 26 of the Seeds Rules clearly disclose that there is a mandatory procedure prescribed under these rules regarding the manner in which the samples of the seeds are to be packed. The essence of the procedure is that the samples should be taken in such a manner to prevent them from being exposed to moisture or sunlight. The procedure is thus prescribed because of the reason that if the seeds are exposed to moisture and sunlight then the germination capacity is bound to be reduced and that is why there is a specific method provided for packing of the samples under the Seeds Rules so that the exposure of the samples to the moisture and sunlight is avoided. The essence of the procedure is to ensure that the moisture does not enter into the samples of seeds after the same have been taken.
In the matter of Vikas Bansal & Ors. vs State of Rajasthan it has held that non-compliance of the mandatory procedure laid down in the Seeds Act and the Seeds Rules regarding the manner in which the seeds sample are to be taken vitiated the proceedings initiated upon the complaint. Thus, the complaint was quashed.
In the matter of Shri N.Prabhakar Rao Vs State of Rajasthan the Hon’ble High Court of Rajasthan has affirmed the law laid in matter titled as Vikar Bansal & Ors Vs State of Rajasthan wherein the Hon’ble Court has quashed the matter wherein the sample has been collected in cloth Bag.
At the outset it may seem a bit trite that the Court is going on a technicality, however the rule cannot be considered to be without any basis as there are vagaries of weather. The exposure of seeds to moisture, sunlight and air may affect the effectiveness of seeds and consequently effect its germination. The manner in which the sample of seeds is taken and the manner in which the same is sent and stored in the office of seed inspector as well as in the laboratory of seed analyst is of utmost importance.
Drafted and Settled byVarun. S. Ahuja (Partner)
Of Ahuja Law Offices
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