Telangana High Court
Samiulla Khan vs The State Of Telangana And 3 Others on 8 February, 2021
Bench: K.Lakshman
THE HON'BLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION No.19607 of 2020
ORDER:
This Writ Petition is filed by the petitioner under Article
226 of Constitution of India seeking the following relief:
".......to issue an appropriate Writ, Order or
Direction, more particularly one in the nature of Writ
of Mandamus, declaring the registration of Crime
No.106 of 2020 of P.S. Adilabad Rural, Adilabad
District, pursuant to seizure of Tobacco Products of
the petitioner having knowledge that this Hon'ble
Court suspended the Notification No.501/FSS-1/2020,
dated 06.01.2020 issued by the 2nd respondent
prohibiting sale of Tobacco Products, is without having
jurisdiction, as being illegal, arbitrary,
unconstitutional, in violation of principles of natural
justice and consequently to set aside the same and
direct the respondents not to interfere in any manner
with trade and business carried out in the products
that fall within the notification No.501/FSS-1/2020,
dated 06.01.2020 by the petitioner and pass such
other order orders......"
Heard the learned counsel for the petitioner and the
learned Government Pleader for Home. Perused the record.
2. The petitioner is accused in Cr.No.106 of 2020 of
Adilabad Rural Police Station, Adilabad District. The offences
registered against him are under Sections 270 and 273 read
with 34 of IPC and Section 20 (2) read with 7(2) of Cigarette &
Tobacco Product Act, 2003 (for short 'COTPA Act').
3. Learned counsel for the petitioner as well as the learned
Government Pleader for Home 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.
4. 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 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 under Sections 270 and
273 read with 34 of IPC and Section 20 (2) read with 7(2) of
the COTPA Act. Therefore, the said proceedings in Crime
No.106 of 2020 against the petitioner herein are contrary to
the principle held by the learned Single Judge of the High
Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018
1992 Supp. (1) SCC 335
Court in Chidurala Shyamsubder (supra) and, accordingly,
the same are liable to be quashed.
5. In view of the above submission, the present Writ
Petition is allowed in terms of the judgment in Chidurala
Shyamsubder (supra), and the proceedings in Crime No.106
of 2020, pending on the file of Station House Officer, Adilabad
Rural Police Station, Adilabad District, are hereby quashed
against the petitioner/Accused.
6. It is submitted by the learned counsel for the petitioner
that the seized property is in the custody of Adilabad Rural
Police Station, Adilabad District and sought direction to the
Adilabad Police Station, Adilabad District, to return the seized
property to the petitioner.
7. Since the proceedings in Crime No.106 of 2020 are
quashed against the petitioner/Accused, the Police, Station
House Officer, Adilabad Rural Police Station, Adilabad
District, is directed to return the seized property on verifying
the documents with regard to ownership of the said property.
Miscellaneous petitions, if any, pending in this Petition, shall
stand closed.
________________________
JUSTICE K.LAKSHMAN
Date: 08.02.2021
dv
