The Food Safety and Standards Act does not apply to tobacco products, and violations of mandatory provisions under the NDPS Act invalidate the prosecution.

ORDER:

The Criminal Petition is filed by the petitioners/A-1 to A-33 U/s.482 of Code of Criminal Procedure , 1973 (hereinafter referred to as ‘Cr.P.C.’) to quash the charge sheet in NDPS S.C.No.11/2019 on the file of learned I Addl.District & Sessions Judge, at Chittoor.

02. Heard Sri P.Venkateswarlu, learned Senior Counsel for the petitioners and Sri A.Sai Rohith, learned Assistant Public Prosecutor representing the State/respondent.

03. The contention of the petitioners is that they were prosecuted for the offence under sections 120-B, 341, 307, 353 r/w.34 of Indian Penal Code , 1860 (for short, “I.P.C.”), sections 59, 63 and 31 (Z) (V) of Food Safety and Standards Act 2006 (for short, “the FSSA, 2006”) and U/s.20(b)(ii)(C) r/w.8(c) of NDPS Act, 1985.

04. The gravamen of the charge is that on 16.01.2018 at about 03.00 p.m. Inspector of Police, Puttur Rural Circle (L.W-16), SI of Police, Puttur and SI of Police, Narayanavanam have conducted raid on un-named factory situated near Weavers Colony, Kailasakona Village, Narayanavanam Mandal, and found A-3 to A-7 and A-9 to A-31 indulged in manufacturing the prohibited items like gutka and pan masala inside the factory; then the accused wrongfully obstructed the police from entering into the factory premises and attempted to kill the police; thereafter police apprehended them and interrogated them in the presence of mediators; A-3 confessed that two months back A-1 established an unauthorized factory without any name for manufacturing the prohibited items like gutka and pan masala and engaged other accused as workers; accordingly, all the accused started to work daily from 08.00 p.m. to 05.00 a.m. and loaded the manufactured goods into lorry No.TN 22 DD 8888 belongs to A-8 and sent them to other places for sales through A-2 and A-8; police seized gutka items and 2 KGs of ganja dried leaves in the presence of mediators and collected samples and sent for analysis; a case was registered vide Cr.No.4/2018 dated 16.01.2018 for the above offence against 31 accused and others including the petitioners; conducted investigation into the offence; and on conclusion, laid charge sheet before the learned I Addl.District & Sessions Court, Chittoor.

05. The contention of the petitioners/A-1 to A-33 is that the case was registered for the offence U/secs.59, 63 and 31 (Z) (V) of Food Safety and Standards Act , 2006 on the allegation that gutka packets contained tobacco products, as it is against Food Safety and Standards Act , 2006: It is not sustainable in law as this Court in several judgments quashed cases holding that the offence U/secs.59, 63 and 31 (Z) (V) of Food Safety and Standards Act , 2006 is not applicable to the tobacco products.

06. The other contention of the petitioners is that charge sheet filed for the offence U/s.20 (b)(ii)(C) r/w.8(c) of NDPS Act, 1985 is also not sustainable in law, as no contraband was seized from the possession of the petitioners; and further, police did not follow mandatory provisions under NDPS Act, 1985; therefore, they approached this Court for quashing of charge sheet against the petitioners herein, as it amounts to abuse of process.

07. Sri P.Venkateswarlu, learned Senior Counsel would submit that Hon’ble Division Bench of this Court in W.P.No.30185/2021 and other writ petitions vide common order dated 24.03.2023 held that “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short, “the COTPA, 2003”) is a special Act dealing with tobacco and tobacco products. Whereas Food Safety and Standards Act , 2006 is a general Act and seizure of tobacco products by the police under Food Safety and Standards Act , 2006 is bad in law and no coercive action be taken under the said Act” and quashed the criminal proceedings, which were registered by the police under the provisions of Food Safety and Standards Act , 2006 for transportation of pan masala containing tobacco