V.NAGESWARA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) This batch of Criminal Petitions under Section 482 Cr.P.C. are filed by various petitioners seeking quash of the F.I.R. and the charge-sheet respectively in various cases registered under Sections 54 and 59 of the Food Safety and Standards Act, 2006 (for short, "the FSS Act"), under Sections 270 and 273 of I.P.C. and under Sections 22 r/w.5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, (for short, "the COTP Act") and also other offences punishable under the Indian Penal Code.

(2.) Since common issue is involved whether the products in question viz., Gutka, Khaini and Tobacco etc. fall within the definition of 'food' as defined under Section 3(1)(j) of the FSS Act and whether Police are competent to investigate such offences and whether the facts of the cases give raise to any criminal liability for the offences punishable under the Indian Penal Code for which the cases are registered, all these Criminal Petitions were heard together and they are being disposed of by this common order.

(3.) Facts of the cases lie in a narrow compass and may be stated as follows: