Shaik Sumeer vs The State Of Telangana
2021 Latest Caselaw 269 Tel

                THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                      CRIMINAL PETITION No. 454 OF 2021
ORDER:

This petition is filed under Section 482 of Cr.P.C., seeking to

quash the proceedings in C.C.No.422 of 2019 on the file of the

Judicial First Class Magistrate at Bhainsa against the

petitioners/Accused Nos. 1 to 3. The offences alleged against the

petitioners are under Sections 270, 273 of IPC and Section 20 (2)

of the Cigarettes and Other Tobacco Products Act, 2003 (for short

'COPTA Act').

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 charge sheet is grave illegality,

Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018

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 270, 273 of

IPC and Section 20(2) of COPTA Act. Therefore, the said

proceedings in C.C.No.422 of 2019 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 C.C.No.422 of 2019

on the file of the Judicial First Class Magistrate at Bhainsa, are

hereby quashed against the petitioners/Accused Nos.1 to 3.

5. Since the proceedings in C.C.No.422 of 2019 are quashed,

the petitioners are at liberty to file an appropriate application

before the Judicial First Class Magistrate at Bhainsa 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