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Bombay High CourtABA/230/2020disposed off

Chirag Sunil Lokhande v. State Of Mah., Thr. P.S.O. P.S. Kelwad Tha. Saoner, Nagpur Rural Distnagpur

2021-01-12Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 aba230.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 230 OF 2020 ( Chirag Sunil Lokhande ..vs.. State of Maharashtra, through PSO, PS Kelwad, District Nagpur ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.A. Dhawas, Counsel for the applicant, Mr. V.A. Thakre, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO, J.

DATED : 12-01-2021 Heard.

2.

The applicant is apprehending arrest in Crime 124/2020 registered with Kelwad Police Station, District Nagpur for offences punishable under Section 420 read with Section 34 of the Indian Penal Code, Sections 7, 8, 9, 10, 11, 12, 13 and 14 of the Seeds Act, 1968, Rule 3 of the Seeds Rule, 1983 Sections 7 and 15 of the Environment Protection Act and Sections 7 and 10 of the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009. 3.

Perusal of the affidavit in response filed on record on behalf of the State would reveal that the only role attributed to applicant Chirag Lokhande is that he is an employee of one Mithun Shah and that he loaded the prohibited BT Cotton Seeds in the transport vehicle at the instance of his employer. According to the prosecution, the prohibited cotton seeds were supplied

2 aba230.20 by Sanju Pawar, who is arrested. The seeds were to be unloaded at the establishment of one Sanjay Bhalekar. 4.

From the affidavit in response, it does not appear that the applicant has played any significant part in the alleged crime. He is a labour and appears to have loaded the BT Cotton Seeds in the transport vehicle complying with the instructions of his employer.

5.

The interim protection granted vide order dated 02-6-2020 is made absolute..

JUDGE adgokar