Konda Nirmala vs State Of Telangana

The petitioner/A1 is questioning the prosecution in C.C.No.1658 of 2022 on the file of Special Judicial First Class Magistrate for Prohibition & Excise Offences at Nalgonda for the offense under Sections 420, 417, 406, 409, 120-B of IPC.

It is the case of the prosecution that a complaint was filed by the Mandal Agricultural Officer on 16.07.2020 informing that on 28.06.2020 on the basis of credible information regarding spurious seeds being sold and without any valid permission, the premises of Aditya Agro Products, Srinagar Colony, Nalgonda was searched. In the said premises, Bt Cotton Hybrid seeds belonging to Niagara seeds company and Sri Seetharama seeds company were found and they were sealed in packets. However, the said packets were not in the company packets from which they were purchased. Hundreds of such packets were sold to the farmers and no permission letter was shown from Niagara Seeds Company. On verification, it was found that the dealer Aditya Agro Products had purchased Niagara Seeds from ARSK Shop, Amangal Mandal and also from Tirupathi Seeds & Fertilizers. The Seed bags were taken into possession and panchanama was conducted. Samples were drawn and sent for the purpose of examination to the lab. Though a show-cause notice was sent to the Aditya Agro Products, no reply was received. The complainant Mandal Agricultural Officer found that Aditya Agro Products, Niagara Seeds Copany and Sri Seetharama Seeds Company were all responsible for gaining wrongfully by selling spurious seeds to the farmers.

The Police, Nalonda II Town, having received the complaint registered the case for the offences under Sections 420, 417, 406, 409 and 120-B of IPC and took up investigation.

The police visited the premises of Aditya Agro Products and conducted panchanama and also seized 228 bags of cotton seeds belonging to Niagara and Sri Seetharama Seeds companies and 1850 packs of Seetharama Company. 3315 packets of Nayagara Magic company and other packets were also seized. The police in the process of investigation examined A11 and recorded confession. Having concluded investigation, the police found that this petitioner, who was an Agricultural Officer of Abdullapurmet at Ranga Reddy District is the elder daughter of A11 and A12. While working as Agricultural Officer since 2006, she was having acquaintance with some of seed companies and taking advantage of her acquaintance, she secured dealership in the name of her mother A11 and firm namely Aditya Agro Products, Nalgonda. It is further alleged that A4 and A5, who are the Managing Directors of Niagara and Seetharama Seeds Company purchased 34000 empty seeds packets and it was processed at Aluru at the premises of A2. The said rejected spurious seeds were sold to farmers after A2 refreshing the seeds in his processing units and packed said seeds and supplied the same to M/s.Aditya Agro Products and other firms. For the reason of gaining wrongfully by selling spurious seeds, the police filed charge sheet for the said offences.

Learned counsel appearing for the petitioner would submit that the petitioner was falsely implicated in the case though she was a resident of Hyderabad. Her mother was holding licence of Aditya Agro Products, Srinagar Colony, Nalgonda and only for the reason of petitioner’s presence on the date of search and in the premises of the firm will not entitle the police to prosecute her. The other evidence is the confessional statement recorded by the police and the same is based to implicate the petitioner.

On behalf of the respondents, it was argued that the police have investigated and found that several farmers were cheated on the ground of selling spurious seeds. The process of selling spurious seeds was deliberate as seen from the investigation. Huge losses were incurred by the farmers on account of such acts of selling seeds claming to be genuine. For the said reason, petition has to be dismissed.

Admittedly, petitioner was working as Agricultural Officer. The allegation against her is that this petitioner had taken licence in the name of her parents and was running the shop. Admittedly, the shop is in the name of A11 and license is also in the name of A11. The seeds sold were also in the name of the firm Aditya Agro Products. Only for the reason of this petitioner being the daughter of A11 and confession made by other accused involving the complicity of the petitioner stating that the petitioner was involved in the business would not suffice to prosecute the petitioner. In a criminal case, there should be admissible evidence to implicate a person as an accused. No witnesses are examined to state that this petitioner had in any manner made any misrepresentations pursuant to which any farmer or anyone else were misled or had to part with any property. Confession cannot form basis to prosecute the petitioner in a criminal case.

The essential ingredients of Section 415 are missing to punish the petitioner for the offence under Section 420 of IPC. Similarly, there is nothing on record to infer that any property was entrusted to this petitioner, which was subjected to misappropriation. The question of attracting Sections 406 and 409 of IPC does not arise since none of the essential ingredients of the provisions of IPC mentioned in the charge sheet are made out. This Court deems it appropriate to quash the proceedings against the petitioner.

In the result, the proceedings against the petitioner in C.C.No.1658 of 2022 on the file of Special Judicial First Class Magistrate for Prohibition & Excise Offences at Nalgonda, are hereby quashed. However, this order will not preclude the department from taking any departmental action against the petitioner.

Accordingly, the Criminal Petition is allowed. Consequently, miscellaneous applications, if any, shall stand closed.