APHC010220212021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 12660/2021 Between:

1. M/S.999 PAN MASALA, D.NO.14/704-4-2, NAKASH, KADAPA, Y.S.R.KADAPA DISTRICT, REPRESENTED BY ITS PROPRIETOR, SADIK ALI KUTAGUL, AGED ABOUT 35 YEARS, S/O.MOHD HAFIZULLAH KUTAGU, R/O.D.NO.14/704-4-2, NAKASH, KADAPA, Y.S.R.KADAPA DISTRICT.

2. M/S.ICS TRADING COMPANY, D.NO.3/161, SARVAR KHAN PETA, KHAJIPETM Y.S.R.KADAPA DISTRICT, REPRESENTED BY ITS PROPRIETOR, MAHABOOB BASHA CHENNUR SHAIK, AGED ABOUT 35 YEARS. S/O.C.S.ABDUL RASOOL, R/O. D.NO.3/161, SARVAR KHAN PETA, KHAJIPETM Y.S.R.KADAPA DISTRICT.

...PETITIONER(S)

A N D

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT AND COMMISSIONER OF FOOD SAFETY, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

3. THE DIRECTOR GENERAL OF POLICE, , TO THE STATE OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT.

4. THE SUPERINTENDENT OF POLICE, KADAPA, Y.S.R.KADAPA DISTRICT.

5. THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR DISTRICT.

6. THE DEPUTY SUPERINTENDENT OF POLICE, MYDUKUR, Y.S.R.KADAPA DISTRICT.

7. THE STATION HOUSE OFFICER, , YERRAGUNTLA U/G POLICE STATION, Y.S.R.KADAPA DISTRICT.

8. THE STATION HOUSE OFFICER, BADVEL (URBAN) POLICE STATION, Y.S.R.KADAPA DISTRICT.

9. THE STATION HOUSE OFFICER, PORUMAMILLA POLICE STATION, Y.S.R.KADAPA DISTRICT.

10. STATION HOUSE OFFICER, TALUQ POLICE STATION, MADANAPALLE, CHITTOOR DISTRICT.

11. SPECIAL ENFORCEMENT BUREAU SEB, KADAPA RANGE, Y.S.R.KADAPA DISTRICT ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction particularly in the nature of writ of mandamus directing the respondents not to take any coercive steps of booking criminal cases based on the notification No.318/FSSA/AP/2014-20, dated 08-01-2020, issued by the first respondent herein in dealing with the products stated therein, which is challenged and stayed in W.P.No.16118/20 and batch, and now the period specified in the said impugned notification which is expired on 8-1-2021, by declaring the action of the respondents in taking coercive steps by way of booking criminal cases based on the notification No.318/FSSA/AP/ 2014-20, dated 08-01-2020 as illegal and arbitrary IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent herein to issue appropriate directions to his subordinates not to initiate any coercive action including booking of criminal cases based on the notification No. 318/FSSA/AP/2014-20, dated 08-01-2020 issued by the Respondent No.1 which is even lapsed, pending writ petition Counsel for the Petitioner(S): 1. G RAMACHANDRA REDDY Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR MED HEALTH AND FAMILY WELFARE The Court made the following:

O R D E R

This Writ Petition was filed seeking the following relief:

“…to issue a Writ, Order or direction more particularly in the nature of a Writ of Mandamus declaring the respondents not to take any coercive steps by booking criminal cases based on the Notification No.318/FSSA/AP/2014-20, dated 08.01.2020 issued by 1^st respondent in dealing with the products stated therein, which is challenged and stayed in Writ Petition No.16118 of 2020 and batch, and now the period specified in the said impugned Notification which is expired on 08.01.2021 by declaring the action of respondents in taking coercive steps by way of booking Criminal Cases based on the Notification No.318/FSSA/AP/2014-20, dated 08.