Back
A.V.NIRGUDE, INDIRA K.JAIN
Ganesh Pandurang Jadhao – Appellant
Versus
State of Maharashtra, Through The Principal Secretary, Food & Drugs Deptt. , Mantralaya – Respondent
What is the legality of using Section 328 IPC for Gutka/Pan Masala cases under the FSS Act, 2006? What is the appropriate forum and mode of action for violations of prohibitory orders under the FSS Act, 2006? What are the consequences for police actions under Sections 372, 373, 188 and 328 IPC when dealing with Gutka/Pan Masala under the FSS Act?
1. All these Criminal Applications and Criminal Writ Petitions are taken up for final hearing by consent of all the parties, and since the point raised in all these cases is more or less similar, they are disposed of by this common judgment. For the purpose of disposal of the cases, we would utilise facts of Writ Petition No. 1027 of 2015 as representative. We understand that in most of the cases the facts are similar and the petitioners / applicants are similarly placed.
2. On 14th May, 2015, the petitioner was found transporting larg quantities of pouches of tobacco which is called 'Gutka' in common parlance, pouches of pan-masala in a truck. The truck was stopped by respondent no. 4, who is Food Safety Officer of Osmanabad district. He alleged that he not only seized the goods but even lodged a police complaint alleging that the petitioner had committed violation of Government Notification, dated 15th May, 2014, prohibiting certain acts pertaining to Gutka/Pan Masala and thereby committed offence punishable under Sections 26 and 30 of the Food and Safety Standards Act, 2006 (in short, FSS Act, 2006). He further alleged that the petitioner was al
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
