THE HON'BLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION No.18593 of 2020
ORDER:
This Writ Petition is filed by the petitioner under Article 226 of Constitution of India seeking the following relief:
".......to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the registration of Crime No.69 of 2020 of P.S. Sarangapur, Nirmal District, pursuant to seizure of Tobacco Products of the petitioner having knowledge that this Hon'ble Court suspended the Notification No.501/FSS-1/2020, dated 06.01.2020 issued by the 2nd respondent prohibiting sale of Tobacco Products, is without having jurisdiction, as being illegal, arbitrary, unconstitutional, in violation of principles of natural justice and consequently to set aside the same and direct the respondents not to interfere in any manner with trade and business carried out in the products that fall within the notification No.501/FSS-1/2020, dated 06.01.2020 by the petitioner and pass such other order orders......"
Heard the learned counsel for the petitioner and the learned Government Pleader for Home. Perused the record.
2. The petitioner is accused in Cr.No.69 of 2020 of Sarangapur Police Station, Nirmal District. The offences registered against him are under Sections 270, 271, 272 and 273 read with 34 of IPC and Section 20 (2) of Cigarette & Tobacco Product Act, 2003 (for short 'COTPA Act'). 2
3. Learned counsel for the petitioner as well as the learned Government Pleader for Home would submit that the subject matter is squarely covered by a common order in Chidurala Shyamsubder v. State of Telangana1 rendered by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, and placed copy of the said judgment for perusal.
4. In Chidurala Shyamsubder's case (supra), a learned Single Judge of the High Court, following the guidelines laid down by the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal2, held that the Police are incompetent to take cognizance of the offences punishable under Sections 45 and 59(1) of the Food Safety and Standards (FSS) Act, 2006, investigating into the offences along with other offences under the provisions of the Indian Penal Code, 1860, and filing charge sheet is grave illegality, as the Food Officer alone is competent to investigate and to file charge sheet following the Rules laid down under Sections 41 and 42 of FSS Act, whereas, in the present case, the Police have registered the crime for the offences under Sections 270, 271, 272 and 273 read with 34 of IPC and Section 20 (2) of COTPA Act. Therefore, the said proceedings in Crime No.69 of 2020 against the petitioner herein are contrary to the principle held by the learned Single Judge of the High Court in Chidurala 1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 3 Shyamsubder (supra) and, accordingly, the same are liable to be quashed.
5. In view of the above submission, the present Writ Petition is allowed in terms of the judgment in Chidurala Shyamsubder (supra), and the proceedings in Crime No.69 of 2020, pending on the file of Station House Officer, Sarangapur, Nirmal District, are hereby quashed against the petitioner/Accused.
6. It is submitted by the learned counsel for the petitioner that the seized property is in the custody of Police, Sarangapur Police Station and sought direction to the Station House Officer, Sarangapur Police Station, Nirmal District, to return the seized property to the petitioner.
7. Since the proceedings in Crime No.69 of 2020 are quashed against the petitioner/Accused, the Police, Sarangapur Police Station, Nirmal District, are directed to return the seized property on verifying the documents with regard to ownership of the said property. Miscellaneous petitions, if any, pending in this Petition, shall stand closed.
________________________ JUSTICE K.LAKSHMAN Date: 08.02.2021 dv