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2022 Supreme(Bom) 1073

VIBHA KANKANWADI, RAJESH S.PATIL
Yellappa S/o. Devappa Tadsad – Appellant
Versus
State of Maharashtra, Through Police Inspector, Police Station, Osmanabad Rural, Osmanabad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Saeed S. Shaikh
For the Respondent: Mr. M.M. Nerlikar

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 t

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