THE HON'BLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.6995 of 2020
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings in Crime No.284 of 2020, pending on the file of Bahadurpura Police Station, Hyderabad against the petitioners/A-1, A-2 and A-5. The offences alleged against the petitioners are under Sections 420, 336, 273 read with Section 34 of IPC and Section 20(2) of the Cigaretts and Other Tobacco Products Act, 2003 (for short, COTPA Act).
2. Learned counsel for the petitioners as well as the learned Assistant Public Prosecutor 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.
3. 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, 1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 2 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 420, 336, 273 read with Section 34 of IPC and Section 20(2) of the COTPA Act. Therefore, the said proceedings in Crime No.284 of 2020 against the petitioners herein 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. Therefore, the present Criminal Petition is allowed in terms of the judgment in Chidurala Shyamsubder (supra), and the proceedings in Crime No.284 of 2020 of Bahadurpura Police Station, Hyderabad, are hereby quashed against the petitioners/A-1, A-2 and A-5. Miscellaneous petitions, if any, pending in this Petition, shall stand closed.
________________________ JUSTICE K.LAKSHMAN Date: 22.01.2021 TJMR