JUDGMENT :

AVINASH G. GHAROTE, J.

1. Rule. Rule is made returnable forthwith. Heard finally with consent of the parties.

2. The present petition challenges the order dated 15.7.2020 (Annexure-8) issued by the respondent no. 2, the Food Safety Commissioner, Food and Drugs Administration, Maharashtra State, passed under Section 3 0 (2) (a) of the Food Safety and Standards Act, 2006 (hereinafter referred to as “the FSSA” for the sake of brevity) to the extent it prohibits transport of banned products such as tobacco, Pan Masala, etc. from one State to another through the State of Maharashtra, as being unconstitutional and ultra vires, the powers of the said authority under the FSSA. The petition also seeks to quash F.I.R. No. 358 of 2020 (Annexure-1) registered by the respondent no. 1 for offences punishable under Section 2 6 (2) (i), 26 (2) (iv), 26 (3), 59 of the FSSA and Sections 188 , 272, 273 and 328 of the I.P.C.

3. The admitted position on record is that the petitioner no. 1 is the driver, petitioner no. 2 is the cleaner and petitioner no. 3 is the owner of the truck bearing registration No. UP-21-CN-2323, whereas the petitioner no. 4 is the transporter. The petitioners undertook to transport four consignments booked by M/s. Vishnu Pan Products, Kakadkopar, Vapi-Dharampur Road, Valsad, Gujarat to Sumati Traders, Joda (Odisha) and Santosh Traders at Post Khalari, Angul, Odisha (Orissa). The consignments contained Vimal Pan Masala, Jarda and scented tobacco and were to be transported from Valsad in the State of Gujarat to Joda in the State of Orissa, under the cover of invoices, e-way bills and lorry receipts (collectively at Annexure-2).

4. It is necessary to mention at the outset that the sale and transport of Vimal Pan Masala, Jarda and scented tobacco is not prohibited either in the State of Gujarat or in the State of Orissa as per the submission made by the learned Senior Counsel Mr. Bhangde, which position is admitted by Mr. Ashirgade, learned Additional Public Prosecutor for the respondents.

5. When the truck carrying the goods, as stated above, was passing through village Jaulka, Tahsil Malegaon, District Washim, on 3.10.2020 at about 5:00 p.m. the vehicle was stopped by officials of the respondent no. 3 and upon inspection finding that the same contained the above goods, which were prohibited in the State of Maharashtra, officials of the respondent no. 3 detained the vehicle and seized the same, in respect of which a panchanama is said to have been prepared on 4.10.2020, copy of which is claimed to have not been supplied to the petitioners.

A representation was made on 5.10.2020 to the respondent no. 1, requesting to release the truck and the goods on account of the fact that the same was being used only for the purpose of transiting from the State, without any response.

On 6.10.2020, the petitioners issued a legal notice to the respondent no. 3 for releasing the goods in view of the order dated 4.9.2019 passed in Criminal Writ Petition No. 793 of 2019 (page 42), wherein in similar circumstances the Court by an interim order, had sta