Ayush Agarwal vs The State Of Telangana
2021 Latest Caselaw 818 Tel

               THE HON'BLE SRI JUSTICE K.LAKSHMAN
                           I.A.No.2 of 2021
                                 AND
                  CRIMINAL PETITION No.2015 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 Adilabad II Town Police Station,

Adilabad District. The offences alleged against the petitioner-

accused herein are under Sections 270 and 273 IPC.

Learned counsel for the petitioner as well as the learned

Assistant Public Prosecutor would submit that the subject

matter of this application is squarely covered by a common

order in CHIDURALA SHYAMSUBDER V/s. 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.

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/s. 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,

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

1992 Supp. (1) SCC 335

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, and whereas, in the present case, the

Police have registered the crime for the offences under

Sections 270 and 273 IPC. Therefore, the said proceedings in

in Crime No.31 of 2021 against the petitioner-accused 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, 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 Adilabad II Town Police Station,

Adilabad District, are hereby quashed against the petitioner-

accused.

I.A.No.2 of 2021 is filed to direct the Police to return of

the material seized to the petitioner-accused in the above

crime.

Since the proceedings in Crime No.31 of 2021 are

quashed against the petitioner-accused, the petitioner is at

liberty to file appropriate application before the Adilabad II

Town Police Station, Adilabad District, for return of the seized

property i.e., JK 3320 - 190 packets worth Rs.1,140/-, RK

tobacco 174 packets worth Rs.5,220/-, SR tobacco 104

packets worth Rs.3,120, Y1 tobacco 105 packets worth

Rs.3,150, Baba 54 tobaacco 7 packets worth Rs.1,260/-,

Amber tobacco two packets worth Rs.350/-, Baba 120

tobacco 2052 packets worth Rs.14,363/-, Vimal Pan Masala

130 packets big size worth Rs.15,600/-, Vimal Pan Masala 8

packets small size Rs.1,200/- RK Classic pan masala 152

packets worth Rs.20,352/-, HOT Pan masala 5 packets worth

Rs.660/-, in all worth Rs.76,676/- to the petitioner herein on

verifying the documents with regard to ownership of the said

property. Accordingly, I.A.No.2 of 2021 is ordered.

Miscellaneous petitions, if any, pending in this petition,

shall stand closed in the light of this final order.

________________________ JUSTICE K.LAKSHMAN Date: 17.03.2021

PGS