M/S Sri Sai Ram Traders v. The State Of Telangana
HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 18941 of 2015 DATED 26TH JUNE, 2015 BETWEEN M/s. Sri Sai Ram Traders, Rep. by its Managing Partner E.Babaiah Mahaboobnagar District and anr.
....Petitioners And The State of Telangana, Rep. by its Principal Secretary (Food & Agriculture Dept) Secretariat, Hyderabad and ors.
...Respondents.
HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 18941 of 2015 ORDER:
Heard learned Counsel for the petitioners and learned Government Pleader for the respondents.
The first petitioner herein is a partnership firm whereas the second petitioner is its Managing Partner. The petitioners are engaged in the business of selling seeds, fertilizers and pesticides. The license issued to them by the authorities is valid till 5.3.2017. While so, on 9.6.2015 respondents 4 to 6 inspected the premises of the first petitioner and a panchanama was
conducted by seizing the stock on the ground that the stock registers are not maintained, Certificate of source issued by the seeds company was not made available and there is some variation in the stock. Challenging the said panchanama, the present Writ Petition is filed.
The learned Counsel for the petitioners submits that the second respondent earlier issued a circular memo on 28.01.1997 with regard to the action to be taken for not maintaining the records etc.. The relevant portion of the said circular reads as follows:
"6.
In case of violations such as maintenance of records, not updating the registers, minor discrepancies in stocks etc., which are rectifiable, instead of seizing the stocks, show cause notices could be issued and action taken for suspending/cancellations of seed licences if the seed dealer has violated any provisions in the Seed Act, 1966/Seed Rules, 1968/Seed (Control) Order, 1983".
This was followed by another circular dated 8.6.2007 clearly distinguishing the irregularities into two categories :--(1) rectifiable contraventions, and (2) non-rectifiable contraventions. With regard to rectifiable contraventions, it was indicated therein that issuance of notice is sufficient, whereas in respect of the non-rectifiable contraventions, seizure should be effected. With regard to non production of certificate of source and stocking of seeds, it was clarified that detention is the applicable action. Now, the learned Counsel for the petitioners submits that though the certificates were available and produced before the authorities who inspected the business
premises, they did not take into consideration and that the copies of the same are made available in the Writ Petition as material papers.
In the circumstances, it is for the competent authority, i.e. third respondent herein, to verify the genuineness and availability of certificates, violations of which, drastic action of detention is said to be the applicable action. In view thereof, this Writ Petition is disposed of giving liberty to the petitioners to submit explanation with regard to the action of respondents 4 to 6 on indication of contraventions and the evidence available with the petitioners so as to enable the third respondent to pass appropriate orders for release of the detained stock. The third respondent shall consider the representation of the petitioners and pass appropriate orders thereon within a period of one week from the date of receipt of the explanation from the petitioners in view of the urgency involved in the matter.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
--------------------------------------------------- JUSTICE A.RAMALINGESWARA RAO Dated 26TH JUNE, 2015.
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