THE HONOURABLE SRI JUSTICE N.TUKARAMJI

O R D E R:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue an appropriate writ, order or direction, more particularly, one in the nature writ of mandamus, declaring the action of Respondent Nos. 3 to 5 authorities and their personnel in harassing the petitioner by conducting illegal search for seizing of pan masala products which does not contain tobacco and nicotine and also for chewing tobacco products which does not contain any food product/pan masala in pursuant to the Notification No. 542/ FSS-1/2025, dated 24-05-2025 issued by the Respondent No. 3, as arbitrary, illegal, in contrary to the Food Safety and Standard Act, 2006 and the FSS Rules, 2011 and contrary to the Cigarettes and Other Tobacco Products Act, 2003 and unconstitutional besides violation of principles of natural justice and consequently direct the respondent authorities not to interfere in any manner with the trade and business of the petitioner and pass such other order or orders…”

2. Heard Mr. Srinivas Reddy Balakisti, learned counsel for the petitioner and Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home, appearing on behalf of respondent Nos. 1, 3 to 5.

3. Learned counsel for the petitioner would submit that respondent Nos. 3 to 5 are harassing the petitioner by conducting illegal search and seizing pan masala products, which does not contain tobacco/nicotine or contain any food product specified in Notification No. 542/FSS-1/2025, dated 24.05.2025, and prayed for passing appropriate directions. He further submits that the Co-ordinate Bench of this Court in W.P. No. 22761 of 2025 has passed an order dated 06.08.2025 and a similar order would redress the petitioner’s grievance.

4. Learned Assistant Government Pleader for Home would submit that respondents/Police authorities never conducted any illegal search or seized any product or interfered with the business as contended by the petitioner. He fairly submits that, in case of any action, the Police are bound to abide by the due process of law. He further clarified that no report or crime is pending against the petitioner. Hence, prayed for passing appropriate orders.

5. I have perused the material on record.

6. Having regard to the submissions of the petitioner and the stance taken by the respondents/Police through the learned Assistant Government Pleader for Home, directing the Police authorities not to interfere with the business activities of the petitioner, save and except in strict accordance with law. It is further clarified that the respondents/Police are would be at liberty to take action against the petitioner in the event of violation of any law by following the due process of law.

7. With the above direction, the Writ Petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 24.10.2025 svl