SRINIVASAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner has come forward with this criminal original petition seeking for the relief of quashing the proceeding pending in STC.No.100/2008 on the file of the learned Judicial Magistrate No.III, Coimbatore for the alleged offences u/s.37 of the Tamil Nadu City Police Act and 20[1] and 20[2] of the Cigarettes and other Tobacco Products [Prohibition of Trade and Commerce, Production, Supply and Distribution] Act, 2003 [herein after referred to as -the Act-] read with 34 IPC.

(2.) THE learned counsel for the petitioner would mainly raise a ground to the effect that in order to prove that the petitioner has violated the provisions u/s.20[1] and 20[2] of the Act, which is the main allegation in this case, the prosecution has obtained the chemical examination report only from the State Authority, viz., the Forensic Lab functioning at Chennai-4 and the same is not the competent authority to conduct the chemical examination in respect of the product involved in this matter. It is pointed out that the petitioner also obtained information by involving the provision under the Right to Information Act, 2005. It is submitted that in respect of analysing nicotine and tar in Cigarette, only the lab notified by a separate notification issued by the Central Government and published in the official Gazette alone is a recognized lab for testing the cigarette. Learned counsel would contend that the provision u/s. 11 of the Act contemplates such procedure. THErefore it is contended that obtaining the chemical examination report from the State Lab functioning at Chennai-4 is in clear violation of the provisions under section 11 of the Act and as such entire proceedings is liable to be quashed.

(3.) THE fact remains that the main allegation as per the proceedings initiated against the petitioner is to the effect that the petitioner was selling cigarettes in this shop and the same said to have been contained nicotine and tar as per the chemical examination report obtained from the lab situated at Chennai-4. It is pointed out before this court that the said Lab is not competent to give the chemical examination report as the same is not conformity with the provision u/s. 11 of the Act. Section 11 of the Act reads as here under:-