THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.6795 OF 2020
ORDER:
This petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.2003 of 2020 on the file of the I Additional Judicial first Class Magistrate at Khammam. The petitioner is accused in the above said CC. The offences alleged against the petitioner are under Sections 270 and 273 of IPC.
2. Heard the learned counsel for the petitioner, learned Public Prosecutor and perused the record.
3. Learned counsel for the petitioner as well as the learned Assistant Public Prosecutor would submit that the subject matter is squarely covered by a common order dated 27.08.2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and Andhra Pradesh in Crl.P.No.3731 of 2018 and batch, and placed copy of the said judgment for perusal.
4. Perused the common order dated 27.08.2018 in Crl.P.No.3731 of 2018 and batch, wherein a learned Single Judge of the High Court of Judicature at Hyderabad for the State of Telangana and Andhra Pradesh following the guidelines laid down by the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal1 held that the police are incompetent to take cognizance of the offences punishable under Sections 54 and 59(1) of the Food Safety and Standards (FSS) Act, 2006, investigating into the offences along with other offences under the provisions of IPC and filing charge sheet is a grave illegality, as the Food Safety Officer 1 1991 Supp.(1) SCC 335 2 alone is competent to investigate and to file charge sheet following the Rules laid down under Section 41 and 42 of FSS Act.
5. In view of the above submissions, the present criminal petition is disposed of in terms of the common order dated 27.08.2018 in Crl.P.No.3731 of 2018 and batch. Accordingly, the I Additional Judicial First Class Magistrate at Khammam is directed to return the subject property i.e., 205 big packets of Ambar Tobacco each containing 25 small packets and 6-VI Tobacco products each containing 50 small packets, to the petitioner on verifying the documents with regard to ownership of the said property and on imposing of conditions to its satisfaction.
Miscellaneous petitions pending, if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 18.01.2021 dv