THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No. 473 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C., seeking to
quash the proceedings in C.C.No.248 of 2020 on the file of the
Judicial First Class Magistrate at Sirpur (T) against the
petitioner/Accused. The offences alleged against the petitioner are
under Sections 420, 188, 270, 273 of IPC and Section 20 (2) r/w.
Section 7(ii) of the Cigarettes and Other Tobacco Products Act,
2003 (for short 'COPTA Act').
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,
1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 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 420,188, 270,
273 of IPC and Section 20(2) r/w. Section 7(ii) of COPTA Act.
Therefore, the said proceedings in C.C.No.248 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.248 of 2020
on the file of the Judicial First Class Magistrate at Sirpur (T), are
hereby quashed against the petitioner/Accused.
5. Since the proceedings in C.C.No.248 of 2020 are quashed,
the petitioner is at liberty to file an appropriate application before
the Judicial First Class Magistrate at Sirpur (T) seeking 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
