Telangana High Court
Takur Ashok Singh vs The State Of Telangana on 9 February, 2021
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.479 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C.,
seeking to quash the proceedings in C.C.No.625 of 2020
pending on the file of the Judicial Magistrate of First Class,
Adilabad, relating to Crime No.514 of 2018 of Adilabad II
Town Police Station, Adilabad. The petitioners herein are
Accused Nos.1 and 2 in the said crime. The offences alleged
against the petitioner are under Sections 20(2) read with
Section 7(2) of Cigarette and Tobacco Product Act, 2003.
Heard Sri Gajanand Chakravarthi, learned counsel for
the petitioners and the learned Assistant Public Prosecutor.
Perused the record.
Perused the entire material available on record and it
discloses that while conducting patrolling in the town by the
Police, they noticed that the petitioners herein with Tobacco
bags at Punjab Chowk, Adilabad, waiting for vehicle to
transport the tobacco bags, without having any valid licence,
selling those stocks and therefore, they seized the stocks.
In CHIDURALA SHYAMSUBDER V/s. STATE OF
TELANGANA1 a learned Single Judge of the High Court of
Judicature at Hyderabad for the States of Telangana and
Andhra Pradesh, following the guidelines laid down by the
Hon'ble Supreme Court in STATE OF HARYANA V/s.
Crl.P.No.3731 of 2018 and batch, decided on 27.08.2018.
BHAJAN LAL2 held that the police are incompetent to take
cognizance of the offences punishable under Sections 54 and
59(1) of the Food Safety and Standards (FSS) Act, 2006,
investigating into the offences along with the other offences
under the provisions of the Indian Penal Code, 1860, and
filing of charge sheet is a grave illegality, as the Food Safety
Officer alone is competent to investigate and to file charge
sheet following the Rules laid down under Sections 41 and 42
of the FSS Act, and whereas in the present case, the police
have registered the crime for the offences punishable Sections
20(2) read with Section 7(2). Therefore, the said proceedings
in C.C.No.625 of 2020 pending on the file of the learned
Judicial Magistrate of First Class, Adilabad, arising out of
Crime No.514 of 2018 of Adilabad II Town Police Station,
Adilabad, against the petitioners-Accused Nos.1 and 2 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.
In view of the above submission, this Criminal Petition
is allowed in terms of the judgment in CHIDURALA
SHYAMSUBDER supra, and the proceedings in C.C.No.625 of
2020 pending on the file of the learned Judicial Magistrate of
First Class, Adilabad, arising out of Crime No.514 of 2018 of
Adilabad II Town Police Station, Adilabad, are hereby quashed
against the petitioners-A.1 and A.2.
1992 Supp.(1) SCC 335
Further, the petitioners are at liberty to file appropriate
application for return of the seized property, and the learned
Magistrate shall consider the same and return the seized
property on proper identification and verification of ownership
of the seized property under due acknowledgment.
As a sequel, miscellaneous petitions, if any, pending in
the Criminal Petition shall stand closed.
__________________
K. LAKSHMAN, J
Date: 09.02.2021
Note:
Registry is directed to annex a copy
of common order dated 27.08.2018
in Crl.P.No.3731 of 2018 & batch.
(B/o)pgs
