THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No. 432 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C., seeking to
quash the proceedings in C.C.No.91 of 2020 on the file of the
Judicial First Class Magistrate at Bhainsa against the
petitioner/Accused. The offences alleged against the petitioner are
under Sections 270 and 273 of IPC and Section 20(2) r/w.7(2) of
Cigarette & Tobacco Product Act, 2003.
2. 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 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 charge sheet is grave illegality, as the Food Officer
alone is competent to investigate and to file charge sheet following
1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 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) r/w.7(2) of Cigarette & Tobacco Product Act, 2003.
Therefore, the said proceedings in C.C.No.91 of 2020 against the
petitioner 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 C.C.No.91 of 2020
on the file of the -Judicial First Class Magistrate at Bhainsa, are
hereby quashed against the petitioner/Accused.
5. Since the proceedings in C.C.No.91 of 2020 are quashed, the
petitioner is at liberty to file an appropriate application before the
Judicial First Class Magistrate at Bhainsa seeking to release of the
seized property and the learned Magistrate shall consider the
same and release the seized property on verification of the
ownership.
6. Accordingly, the Criminal Petition is allowed. Miscellaneous
petitions pending, if any, in this Criminal Petition, shall stand
closed.
__________________ K. LAKSHMAN, J Date: 03.02.2021 dv
