THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.319 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C.,
seeking to quash the proceedings in C.C.No.617 of 2020 on
the file of the Junior civil Judge - cum - Judicial First Class
Magistrate, Adilabad, relating to Cr.No.62 of 2020 of Adilabad
I Town Police Station. The petitioner is accused in the said
case. The offences alleged against the petitioner are under
Sections 270 and 273 IPC.
2. Heard Sri Gajanand Chakravarthi, learned counsel
for the petitioner, learned Assistant Public Prosecutor and
perused the record.
3. Perused the entire material available on record and it
discloses that the petitioner was found in possession of seized
property i.e.gutka and tobacco and on interrogation, the
petitioner confessed that he purchased the said property from
Maharastra State and selling in his shop for wrongful gain. In
Chidurala Shyamsubder Vs. State of Telangana1 a learned
Single Judge of the High Court of Judicature at Hyderabad for
the States of Telangana and Andhra Pradesh, following the
guidelines laid down by the Hon'ble Supreme court in State
of Haryana Vs. Bhajan Lal2 held that the police are
incompetent to take cognizance of the offences punishable
1 Crl.P.No.3731 of 2018 and batch, decided on 27.08.2018. 2 1992 Supp.(1) SCC 335 2
under Sections 54 and 59(1) of the Food Safety and
Standards (FSS) Act, 2006, investigating into the offences
along with the other offences under the provisions of the
Indian Penal Code, 1860, and filing charge sheet is a grave
illegality, as the Food Safety Officer alone is competent to
investigate and to file charge sheet following the Rules laid
down under Sections 41 and 42 of the FSS Act, whereas, in
the present case, the police have registered the crime for the
offences under Sections 270 and 273 of IPC. Therefore, the
said proceedings in C.C.No.617 of 2020 on the file of the
Junior Civil Judge - cum - Judicial Magistrate of First Class,
Adilabad, arising out of Cr.No.62 of 2020 of Adilabad I Town
Police Station, against the petitioner 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 Criminal
petition is allowed in terms of the judgment in Chidurala
Shyamsubder supra, and the proceedings in C.C.No.617 of
2020 on the file of the Junior Civil Judge - cum - Judicial
Magistrate of First Class, Adilabad, arising out of Cr.No.62 of
2020 of Adilabad I Town Police Station, are hereby quashed.
5. Further, the petitioner is at liberty to file appropriate
application for return of seized property before the Junior
Civil Judge - cum - Judicial Magistrate of First Class,
Adilabad and the learned Magistrate shall consider the same 3
and return the seized property on proper identification and
verification of ownership of seized property under due
acknowledgment.
As a sequel, miscellaneous petitions, if any, pending in
the Criminal Petition shall stand closed.
__________________ K. LAKSHMAN, J Date: 02.02.2021
Note:
Registry is directed to annex a copy of common order dated 27.08.2018 in Crl.P.No.3731 of 2018 & batch.
b/o. vvr.
