Jerripothula Ramesh vs Subinspector Of Police
2021 Latest Caselaw 95 Tel

               THE HON'BLE SRI JUSTICE K.LAKSHMAN

                  CRIMINAL PETITION No.6644 of 2020

ORDER:

This Criminal Petition is filed under Section 482 of

Cr.P.C. to quash the proceedings in Crime No.271 of 2020,

pending on the file of Dornakal Police Station, Mahabubabad

District against the petitioners/A-1 to A-4. The offences

alleged against the petitioners are under Sections 270, 273

and 328 of IPC.

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

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

1992 Supp. (1) SCC 335

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 270 and 273 of IPC and

Section 20(2) of the COTPA Act. Therefore, the said

proceedings in Crime No.271 of 2020 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.271

of 2020 of Dornakal Police Station, Mahabubabad District,

are hereby quashed against the petitioners/A-1 to A-4.

5. It is submitted by the learned counsel for the petitioners

that the seized property is in the custody of Police, Dornakal

Police Station and sought direction to the Station House

Officer, Dornakal Police Station, Mahabubabad District, to

return the seized property to the petitioners.

6. Since the proceedings in Crime No.271 of 2020 are

quashed against the petitioners/A-1 to A-4, the Police,

Dornakal Police Station, Mahabubabad District, are directed

to return the seized property i.e., 40 bags of Amber Khaini

each containing 100 packets and each packet containing 25

pouches, all worth of Rs.10,00,000/- including the crime

vehicle bearing No.TS 05 UC 6595, to the petitioners 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: 19.01.2021 TJMR