THE HON'BLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.6644 of 2020
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings in Crime No.271 of 2020, pending on the file of Dornakal Police Station, Mahabubabad District against the petitioners/A-1 to A-4. The offences alleged against the petitioners are under Sections 270, 273 and 328 of IPC.
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, investigating into the offences along with other offences under the provisions of the Indian Penal Code, 1860, and filing 1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 2 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 and 273 of IPC and Section 20(2) of the COTPA Act. Therefore, the said proceedings in Crime No.271 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. In view of the above submission, the present Criminal Petition is allowed in terms of the judgment in Chidurala Shyamsubder (supra), and the proceedings in Crime No.271 of 2020 of Dornakal Police Station, Mahabubabad District, are hereby quashed against the petitioners/A-1 to A-4.
5. It is submitted by the learned counsel for the petitioners that the seized property is in the custody of Police, Dornakal Police Station and sought direction to the Station House Officer, Dornakal Police Station, Mahabubabad District, to return the seized property to the petitioners.
6. Since the proceedings in Crime No.271 of 2020 are quashed against the petitioners/A-1 to A-4, the Police, Dornakal Police Station, Mahabubabad District, are directed to return the seized property i.e., 40 bags of Amber Khaini each containing 100 packets and each packet containing 25 3 pouches, all worth of Rs.10,00,000/- including the crime vehicle bearing No.TS 05 UC 6595, to the petitioners 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: 19.01.2021 TJMR