THE HON'BLE SRI JUSTICE K.LAKSHMAN
I.A.No.2 of 2021
AND
CRIMINAL PETITION No.2015 of 2021
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings in Crime No.31 of 2021 pending on the file of Adilabad II Town Police Station, Adilabad District. The offences alleged against the petitioner- accused herein are under Sections 270 and 273 IPC.
Learned counsel for the petitioner as well as the learned Assistant Public Prosecutor would submit that the subject matter of this application is squarely covered by a common order in CHIDURALA SHYAMSUBDER V/s. 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.
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/s. 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, 1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 2 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, and whereas, in the present case, the Police have registered the crime for the offences under Sections 270 and 273 IPC. Therefore, the said proceedings in in Crime No.31 of 2021 against the petitioner-accused 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.
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.31 of 2021 pending on the file of Adilabad II Town Police Station, Adilabad District, are hereby quashed against the petitioner- accused.
I.A.No.2 of 2021 is filed to direct the Police to return of the material seized to the petitioner-accused in the above crime.
Since the proceedings in Crime No.31 of 2021 are quashed against the petitioner-accused, the petitioner is at liberty to file appropriate application before the Adilabad II Town Police Station, Adilabad District, for return of the seized property i.e., JK 3320 - 190 packets worth Rs.1,140/-, RK tobacco 174 packets worth Rs.5,220/-, SR tobacco 104 packets worth Rs.3,120, Y1 tobacco 105 packets worth 3 Rs.3,150, Baba 54 tobaacco 7 packets worth Rs.1,260/-, Amber tobacco two packets worth Rs.350/-, Baba 120 tobacco 2052 packets worth Rs.14,363/-, Vimal Pan Masala 130 packets big size worth Rs.15,600/-, Vimal Pan Masala 8 packets small size Rs.1,200/- RK Classic pan masala 152 packets worth Rs.20,352/-, HOT Pan masala 5 packets worth Rs.660/-, in all worth Rs.76,676/- to the petitioner herein on verifying the documents with regard to ownership of the said property. Accordingly, I.A.No.2 of 2021 is ordered.
Miscellaneous petitions, if any, pending in this petition, shall stand closed in the light of this final order.
________________________ JUSTICE K.LAKSHMAN Date: 17.03.2021 PGS