ASHOK MANDHANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) Learned counsel for the petitioner would submit that on a raid being conducted on 10/11/2021 the articles i.e. Hukka Flavour (Royals Smokin-Ki.V. Blast-1000 packet, Apple R.S.N.-Flavoured, Molases-1000 packet, Hukka Flavour (Royals Smokin-U.S. Commissioner)-1000 Packet, Hukka Pot 1100 pieces and Hukka pipe 1000 pieces total cost 25 lakhs were seized. He would submit that the said goods were illegally seized and provisions of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter referred to as 'the Act of 2003') were not followed. He would further submit that the authorities were under bounden duty to act within a specified time, which having not been done, no purpose would be served to keep the goods with the police authorities, as such the goods so seized may be directed to be returned to the petitioner and the petitioner is ready and willing to furnish the security for the same.

(3.) Per contra, learned State counsel would submit that the tobacco were being used in contravention to the Act of 2003 and therefore the seizure was rightly made and they would be required during the evidence, as such the custody of the goods may not be handed over to the petitioner.