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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
Vibha Kankanwadi, Rajesh S. Patil, JJ.
Yellappa S/o. Devappa Tadsad - Appellant
Vs.
The State of Maharashtra, Through Police Inspector, Police Station, Osmanabad Rural, Osmanabad - Respondent
Criminal Writ Petition No. 571 Of 2021
Decided On : 25-08-2022
Food Safety and Standards Act - Violation of Prohibitory Orders - Section 26(2)(i)(iv), 27(2), 23 of Food Safety and Standards Act, 2006; Sections 30(2), 2, 3, 4, 59(iv) of Food Adulteration (Maharashtra Amendment) Act, 1969; Sections 328 and 188 of Indian Penal Code
Fact of the Case:
The petitioners were transporting packets of scented Supari, intercepted by the police, leading to the filing of FIR for violating prohibitory orders in Maharashtra. The petitioners argued that the articles transported did not contain tobacco or poisonous substances and were falsely implicated.
Finding of the Court:
The court found that the intercepted articles were prohibited in Maharashtra as per the government notification. The court dismissed the criminal writ petition, holding that the petitioners violated the circular issued by the Government of Maharashtra. The court imposed a heavy cost on petitioner No.3 for suppressing facts.
Issues: Violation of prohibitory orders in Maharashtra, suppression of facts by petitioner No.3
Ratio Decidendi: The court's decision was influenced by the violation of prohibitory orders as per the government notification and the suppression of facts by petitioner No.3.
Final Decision: The criminal writ petition was dismissed, and a cost of Rs. 50,000 was imposed on petitioner No.3.
JUDGMENT :
Rajesh S. Patil, J.
1. The petition is filed for quashing of FIR No. 31/2019 registered with Osmanabad Rural Police Station, District Osmanabad, for the offences punishable under Section 26 (2) (i) a (iv), 27 (2), 23 of Food Safety and Standards Act, 2006 and under Sections 30 (2), 2, 3, 4, 59 (iv) of Food Adulteration (Maharashtra Amendment), Act, 1969 and under sections 328 and 188 of Indian Penal Code. By consent of both the sides, the matter was heard finally.
2. The crime is registered on the basis of report given by Food Safety Officer of Osmanabad. On 6.2.2019 police had intercepted a truck which was proceeding from Osmanabad to Yedshi road. As there was severe smell of Gutkha from the truck, inquiry was made with the driver. When the contents of the truck were examined, they noticed that packets of scented Supari having name Tiger Supari (18450 packets in number) worth Rs. 9,36,000/- (rupees nine lakh thirty six thousand) were found in the truck. The names given to different packets were noted and as the prohibited articles were being transported in the truck, the articles came to be seized. Samples were taken over for sending it to laboratory and for ascertaining the contents of the packets.
3. The FIR No. 31/2019, records name of four individuals as accused. Earlier two accused namely (I) Kiran Ramnath Mahindrakar and (ii) Rajendra Mohanlal Agrawal, had filed Criminal Writ Petition No. 289/2019, for quashing of FIR No. 31/2019. This Court vide order dated 3.7.2019 passed in Criminal Writ Petition No. 289 of 2019 has already dismissed the criminal writ petition by holding that even the transportation is prohibited under the circular dated 20.7.2018 issued by the Foods and Drugs Department, Government of Maharashtra. The Petitioner No. 3 herein, namely Rajendra Mohanlal Agrawal, was also party petitioner No. 2 in earlier Criminal Writ Petition. However, this fact is suppressed in the present Criminal Writ Petition.
4. The learned counsel for the petitioners submitted that Rising Sun Agency is an agency carrying out business of marketing and distribution of Tiger Sweet Scnented Supari all over India. He submitted that the petitioner No.3, gave an order for purchase of Tiger Sweet Scented Supari. The petitioner Nos. 1 and 2 were carrying the goods for its delivery from Hubbali (Karnataka) to Burhanpur (Madhya Pradesh). It is the contention of petitioners that the geographical limitations are such that the carrier has to go from the State of Maharashtra for transportation of goods from Hubbali in Karnataka to Burhanpur in Madhya Pradesh. So, while they were passing through Maharashtra, the FIR has been registered against them. It is the contention of the petitioners that the concerned authorities of the Government of Maharashtra have issued various directions and guidelines in respect of prohibition of Gutkha, Panmasala etc. There is no uniformity of action by the Police as well as the Food and Drugs Department of the State. It is submitted that even today every State has banned Gutkha, Panmasala, it is easily available in the market for sale due to selective and meaningful action/inaction of the Government Authorities.
5. The main contention of the petitioners is that the petitioners were only transporting the Sweet Scented Supari, which is admittedly not having any sort of tobacco or poisonous substances as its ingredient. But, the respondents i.e. police and Food and Drugs Department have implicated the petitioners in a serious crime and even slapped Section 328 against them. It is further contended that since 2012, the Tiger Company and Rising Sun Agency are not selling and distributing said sweet scented supari in the State of Maharashtra. The petitioners were only using National Highway No.52 for the said purpose but the respondents have exceeded their jurisdiction and falsely implicated the petitioners.
6. It is next contended that the Police or the Food and Drugs Department of the State of Maharashtra are not
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