NDLI: State of Maharashtra and Others Vs. Maharashtra Hybrid Seeds Co. Pvt. Ltd.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Seeds Act 1968 1966 Seeds Rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Seeds Act, 1966 (54 of 1966)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Seeds Act, 1966 – Seeds Rules, 1968 – Seeds (Control) Order, 1983 – Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of sale price) Act, 2009 – Respondent-Company was processing cotton and non-cotton seeds of different varieties in its unit – According to respondent, all such processed seeds were stored in the storage/godown attached to the processing unit for transportation to different places – Case of the appellant was that the respondent not having a valid licence for storage or sale of seeds in the said processing unit had committed gross violation of the law – Consequent to which the seed inspector had sealed the godowns of the respondent-company – Writ petition was filed by the respondent – High Court ordered to de-seal all the godowns of the respondent Company and held that the packed and labelled seeds were kept in the unit only for further transportation and no separate licence was required to be obtained for storage of seeds in the godown attached to unit for such transportation – Further, High Court held that the power of sealing was not available to the appellant-authorities – On appeal, held: During the inspection of the unit, it was found that packaging and labelling machines were kept and respondent was carrying out the operations of “packaging and labelling” in the said unit – As per r. 2(j) of seeds Rules, 1968, “processing” does not include operations such as “packaging” and “labelling” – For any activity of labelling and packaging of the seeds and storing the same, the respondent was required to obtain separate licence under the Seeds Rules, 1968 and the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Rules, 2010 – Admittedly, respondent had no licence for its godown either as “storage of seeds” or “sale of seeds” – In the absence of such, the activity of labelling and packaging of seeds at godown was illegal – Insofar as power of sealing of the appellant authorities are concerned, s.14(1)(e) of the Seeds Act confers vide powers upon the seed inspector – Since the seed inspector has to ensure that the provisions of the Act are complied by the person who has obtained the licence, in case of non-compliance, in rare and exceptional cases, the seed inspector has power to seal the premises – However, in such a case he has to record grounds for his belief that how mere search and seizure may not be sufficient to prevent further contraventions – In the facts and circumstances of the case, the action of the seed inspector and the authorities cannot be said to be arbitrary – Therefore, judgment of the High Court set aside.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 945
Petitioner	State Of Maharashtra And Others
Respondent	Maharashtra Hybrid Seeds Co. Pvt. Ltd.
SCR	[2019] 12 S.C.R. 924
Judgement Date	2019-08-22
Case Number	6564

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