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