YELLAPPA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed for quashing of FIR No. 31/2019 registered with Osmanabad Rural Police Station, District Osmanabad, for the offences punishable under Sec. 26 (2) (i) a (iv), 27 (2), 23 of Food Safety and Standards Act, 2006 and under Ss. 30 (2), 2, 3, 4, 59 (iv) of Food Adulteration (Maharashtra Amendment), Act, 1969 and under Sec. 328 and 188 of Indian Penal Code. By consent of both the sides, the matter was heard finally.

(2.) The crime is registered on the basis of report given by Food Safety Officer of Osmanabad. On 6/2/2019 police had intercepted a truck which was proceeding from Osmanabad to Yedshi road. As there was severe smell of Gutkha from the truck, inquiry was made with the driver. When the contents of the truck were examined, they noticed that packets of scented Supari having name Tiger Supari (18450 packets in number) worth Rs.9,36,000.00 (rupees nine lakh thirty six thousand) were found in the truck. The names given to different packets were noted and as the prohibited articles were being transported in the truck, the articles came to be seized. Samples were taken over for sending it to laboratory and for ascertaining the contents of the packets.

(3.) The FIR No. 31/2019, records name of four individuals as accused. Earlier two accused namely (I) Kiran Ramnath Mahindrakar and (ii) Rajendra Mohanlal Agrawal, had filed Criminal Writ Petition No. 289/2019, for quashing of FIR No. 31/2019. This Court vide order dtd. 3/7/2019 passed in Criminal Writ Petition No. 289 of 2019 has already dismissed the criminal writ petition by holding that even the transportation is prohibited under the circular dtd. 20/7/2018 issued by the Foods and Drugs Department, Government of Maharashtra. The Petitioner No. 3 herein, namely Rajendra Mohanlal Agrawal, was also party petitioner No. 2 in earlier Criminal Writ Petition. However, this fact is suppressed in the present Criminal Writ Petition.