DHARAMPAL PREMCHAND LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is fled to challenge the order dated 20.7.2018 issued by Commissioner under Food Safety and Standards Act , 2006 to prohibit transportation of Gutkha and similar items under section 30(2)(a) of this Special Enactment. It is contended that the order issued is illegal and void as the Commissioner has no power to impose ban on transportation. The petitioner is manufacturer of articles including chewing tobacco and it has manufacturing unit at Noida, Utter Pradesh. Both the sides are heard.

(2.) The petition is fled by manufacturing company through its General Manager and petitioner No. 2 appears to be a person who is in control of the things of the company. It is their contention that on 18.12.2018 the consignment of product, of chewing product was being transported from Noida to purchaser from Bidar, Karnataka in a truck. It is contended that on 22.12.2018 the truck was intercepted in Maharashtra, in Degloor Tahsil and the truck was taken by police to police station. It is contended that on 24.12.2018 Food Safety Officer checked the contents of the truck and gave complaint to police that the transportation was in violation of prohibitory order issued under Food Safety and Standards Act and then crime came to be registered. The contents of the truck came to be inspected and seized.

(3.) It appears that in the past Criminal Application No. 250/2019 was fled in respect of the said action of the police and Food Safety Officer, but this Court dismissed the criminal application which was fled for quashing of the crime. It appears that the truck was released by the learned J.M.F.C., but the goods were not released. Even when the decision given by this Court in Criminal Application No. 250/2019 was challenged by fling Special Leave Petition (Criminal) Diary No(s).31844/2019 in Supreme Court and the said proceeding came to be dismissed, the present proceeding is fled.