IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD HON’BLE SRI JUSTICE K. LAKSHMAN AND HON’BLE JUSTICE B.R. MADHUSUDHAN RAO CRIMINAL APPEAL (FSSA ) N Os.1, 2 AND 3 OF 2022 Date:19-02-2026 Crl.A.(FSSA) Nos. 1 AND 2 OF 2022 Between:-

P. Lakshmi Narasaiah and another …..Appellants Vs.

State of Telangana through Food Safety Designated Officer, Nalgonda and two others ……….Respondents.

Crl.A.(FSSA) No.3 OF 2022 Between:-

Akuthota Narsimha …..Appellant Vs.

State of Telangana through Food Safety Designated Officer, Nalgonda and two others ……….Respondents.

This Court passed the following COMMON JUDGMENT: (per Hon’ble Sri Justice K.Lakshman)

Heard Mr. Kondadi Ajay Kumar, learned counsel for the appellants and Mr. Syed. Yasar Mamoon, Learned Additional Public Prosecutor, appearing for respondents.

2. These criminal appeals arise out of three separate but factually and legally interconnected proceedings, initiated under the provisions of the Food Safety and Standards Act, 2006 (for short, “the FSS Act”). Therefore, these appeals were heard together and are being disposed of by way of this Common Judgment.

2-i) Crl.A.No.1 of 2022 is filed against the judgment dated

17.01.2022 passed in Crl.A.No.31 of 2021 by the learned Sessions Judge, Nalgonda, confirming the order dated 05.06.2021 passed in RC.No.1/T&G/NLG/2021 by learned Adjudicating Officer under Food Safety and Standards Act, 2006/Additional Collector/Additional District Magistrate, Nalgonda.

2-ii) Crl.A.No.2 of 2022 is filed against the judgment dated

17.01.2022 passed in Crl.A.No.30 of 2021 confirming the order dated

05.06.2021 passed in RC.No.3/T&G/NLG/2021.

2-iii) Crl.A.No.3 of 2022 is filed against the judgment dated

17.01.2022 passed in Crl.A.No.29 of 2021 confirming the order dated

05.06.2021 passed in RC.No.6/T&G/NLG/2021.

BRIEF FACTS OF THE CASE

3. The appellants in all the appeals are Food Business Operators, carrying on business in tobacco and allied products within Nalgonda District, under the name and style of M/s. Aum Traders and M/s. Om Sai Traders. The inspections in all the cases were conducted by the Food Safety Officer / Designated Officer during the subsistence of Notification No.505/FSS-1/2021 dated 06-01-2021, issued by the Commissioner of Food Safety, Telangana State, prohibiting the manufacture, storage, distribution and sale of gutka and certain tobacco products in the interest of public health.

4. In Crl.A.No.31 of 2021, inspection was conducted on

23.04.2021, during which prohibited tobacco products allegedly worth Rs.18,30,000/- were found and seized from the premises of the appellant. In Crl.A.No.30 of 2021, inspection was carried out on

03.06.2021, resulting in seizure of prohibited tobacco products allegedly valued at Rs.71,90,000/-. In Crl.A.No.29 of 2021, inspection was conducted on 03.06.2021 at a different premises, and prohibited tobacco products allegedly worth Rs.5,30,020/- were seized.

5. In all the three cases, the Inspecting Officer is stated to have drawn panchanamas, seized the alleged prohibited stock, and submitted detailed reports to the Designated Officer, Telangana State, and sought permission to initiate adjudication proceedings. Upon being satisfied that a prima facie case existed, the Designated Officer accorded permission to proceed under Section 68 of the FSS Act, and applications were filed before the Additional District Magistrate / Additional Collector, Nalgonda, who is the notified Adjudicating Officer under the Act.

6. Notices were issued to the respective appellants and adjudication proceedings were conducted. Upon consideration of the material placed on record, the Adjudicating Officer passed separate orders dated 05.06.2021, holding that the appellants had contravened Section 26(2)(iv)/(v) of the FSS Act, read with Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011 (for short, ‘Regulations, 2011’), and imposed penalties under Section 58 read with Section 48 of the FSS Act. 7. The pe