PUSHPABAI VINAYKUMAR JUARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. Heard finally by consent of learned counsel appearing for the parties.

(2.) This is an application filed by the applicant under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing Final Report No.39/2020, dtd. 29/12/2020, for the offences punishable under Ss. 188, 272 and 273 of the Indian Penal Code and Sec. 51(b) of the Disaster Management Act, 2005. As per the said charge-sheet which was filed in pursuance to First Information Report bearing No.0207/2020, dtd. 7/8/2020, the applicant has committed offences punishable under above Sec. . As per the averments in the F.I.R. the respondent No.2 informed respondent No.1 that "aromatic tobacco" or "scented tobacco" is being sold in Sadguru Sweets Mart located in Old Bus Stop Square, Armori. On receipt of the said information the Police Inspector of the respondent No.1 directed the complainant to raid the said Sweets Mart.

(3.) Accordingly, a raid was carried out along with two independent panchas and the items as mentioned in the F.I.R. were seized. The total monetary value of the items is Rs.6,750.00. It is further stated in the F.I.R. that there was an Order by the Collector restraining selling of tobacco in any form and, therefore, the applicant has committed an offence under Ss. 188, 272 and 273 of the Indian Penal Code. Furthermore, as there were COVID 19 guidelines in force and the applicant refused to comply with the said guidelines an offence under Sec. 51(b) of the Disaster Management Act, 2005 was also registered.