Dannarapu Madhavarao vs The State Of Telangana
2021 Latest Caselaw 88 Tel

            THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                  CRIMINAL PETITION No.6795 OF 2020

ORDER:

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

quash the proceedings in C.C.No.2003 of 2020 on the file of the I

Additional Judicial first Class Magistrate at Khammam. The

petitioner is accused in the above said CC. The offences alleged

against the petitioner are under Sections 270 and 273 of IPC.

2. Heard the learned counsel for the petitioner, learned

Public Prosecutor and perused the record.

3. 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 dated 27.08.2018

passed by the High Court of Judicature at Hyderabad for the State

of Telangana and Andhra Pradesh in Crl.P.No.3731 of 2018 and

batch, and placed copy of the said judgment for perusal.

4. Perused the common order dated 27.08.2018 in

Crl.P.No.3731 of 2018 and batch, wherein a learned Single Judge

of the High Court of Judicature at Hyderabad for the State of

Telangana and Andhra Pradesh following the guidelines laid down

by the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal1

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 other offences under the provisions of IPC and

filing charge sheet is a grave illegality, as the Food Safety Officer

1991 Supp.(1) SCC 335

alone is competent to investigate and to file charge sheet following

the Rules laid down under Section 41 and 42 of FSS Act.

5. In view of the above submissions, the present criminal

petition is disposed of in terms of the common order dated

27.08.2018 in Crl.P.No.3731 of 2018 and batch. Accordingly, the

I Additional Judicial First Class Magistrate at Khammam is

directed to return the subject property i.e., 205 big packets of

Ambar Tobacco each containing 25 small packets and 6-VI

Tobacco products each containing 50 small packets, to the

petitioner on verifying the documents with regard to ownership of

the said property and on imposing of conditions to its satisfaction.

Miscellaneous petitions pending, if any, shall stand closed.

__________________ K. LAKSHMAN, J Date: 18.01.2021 dv