THE HON'BLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.450 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
Station House Officer, P.S.Ghatkeshwar, Rachakonda, against the
petitioners/Accused. The offences alleged against the petitioners are
under Sections 270, 273, 188 of IPC, Section 20(1), 20(2) of COPTA.
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, as the Food Officer alone is
1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 2
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, 188 of IPC, Section 20(1), 20(2) of COPTA.
Therefore, the said proceedings in Crime No.31 of 2021 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 Crime No.31 of 2021, pending on the
file of Station House Officer, Ghatkeshwar Police Station,
Rachakonda, are hereby quashed against the petitioners/Accused.
5. It is submitted by the learned counsel for the petitioners that the
seized property is in the custody of Police, Ghatkeshwar Police
Station and sought direction to the Station House Officer,
Ghatkeshwar Police Station, to return the seized property to the
petitioners.
6. Since the proceedings in Crime No.31 of 2021 are quashed
against the petitioners/Accused, the Police, Ghatkeshwar Police
Station, are directed to return the seized property i.e. (1) Amber
Tobacco-70 Bags (Each bag contains 100 sachets, each sachet
contains 25 pouches) - Total 1,75,000 Pouches, (2) Eicher Vehicle 3
bearing No.TS 04 UC 5466, (3) 1 mobile phone (Vivo smart phone)
and (4) Net cash of Rs.6,980/-, on verifying the documents with
regard to ownership of the said property.
Pending miscellaneous petitions, if any, shall stand closed.
________________________ JUSTICE K.LAKSHMAN
Date: 03.02.2021
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