THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.319 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.617 of 2020 on the file of the Junior civil Judge - cum - Judicial First Class Magistrate, Adilabad, relating to Cr.No.62 of 2020 of Adilabad I Town Police Station. The petitioner is accused in the said case. The offences alleged against the petitioner are under Sections 270 and 273 IPC.
2. Heard Sri Gajanand Chakravarthi, learned counsel for the petitioner, learned Assistant Public Prosecutor and perused the record.
3. Perused the entire material available on record and it discloses that the petitioner was found in possession of seized property i.e.gutka and tobacco and on interrogation, the petitioner confessed that he purchased the said property from Maharastra State and selling in his shop for wrongful gain. In Chidurala Shyamsubder Vs. State of Telangana1 a learned Single Judge of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh, following the guidelines laid down by the Hon'ble Supreme court in State of Haryana Vs. Bhajan Lal2 held that the police are incompetent to take cognizance of the offences punishable 1 Crl.P.No.3731 of 2018 and batch, decided on 27.08.2018. 2 1992 Supp.(1) SCC 335 2 under Sections 54 and 59(1) of the Food Safety and Standards (FSS) Act, 2006, investigating into the offences along with the other offences under the provisions of the Indian Penal Code, 1860, and filing charge sheet is a grave illegality, as the Food Safety Officer alone is competent to investigate and to file charge sheet following the Rules laid down under Sections 41 and 42 of the FSS Act, whereas, in the present case, the police have registered the crime for the offences under Sections 270 and 273 of IPC. Therefore, the said proceedings in C.C.No.617 of 2020 on the file of the Junior Civil Judge - cum - Judicial Magistrate of First Class, Adilabad, arising out of Cr.No.62 of 2020 of Adilabad I Town Police Station, against the petitioner are contrary to the principle held by the learned Single Judge of the High Court in Chidurala Shyamsubder supra and accordingly, the same are liable to be quashed.
4. In view of the above submission, the Criminal petition is allowed in terms of the judgment in Chidurala Shyamsubder supra, and the proceedings in C.C.No.617 of 2020 on the file of the Junior Civil Judge - cum - Judicial Magistrate of First Class, Adilabad, arising out of Cr.No.62 of 2020 of Adilabad I Town Police Station, are hereby quashed.
5. Further, the petitioner is at liberty to file appropriate application for return of seized property before the Junior Civil Judge - cum - Judicial Magistrate of First Class, Adilabad and the learned Magistrate shall consider the same 3 and return the seized property on proper identification and verification of ownership of seized property under due acknowledgment.
As a sequel, miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.
__________________ K. LAKSHMAN, J Date: 02.02.2021 Note:
Registry is directed to annex a copy of common order dated 27.08.2018 in Crl.P.No.3731 of 2018 & batch.
b/o. vvr.