MD MOHMOOD Vs. STATE OF A P

JUDGEMENT

(1.) This criminal petition, under Section 482 of the Criminal Procedure Code, 1973, is filed seeking to quash the proceedings in C.C.No.677 of 2002 on the file of the VI Metropolitan Magistrate, Hyderabad, for the offence under Section 7(iv) of the Prevention of Food Adulteration Act, 1954.

(2.) The brief facts of the case are that based on the complaint lodged by one Syed Sadiq, Head Constable of Amberpet Police Station, alleging that on 14-5-2002 at 10.30 hours while he and another Constable were on patrolling duty, they found the petitioners selling Gutkha, the Sub-Inspector of Police, Amberpet Police Station, registered a case in Crime No. 148 of 2002 and after investigation, he filed charge-sheet against the petitioners for the offence under Section 7(iv) of the Prevention of Food Adulteration Act, 1954, which was taken on file as C.C. No.677 of 2002, and to quash the said proceedings, the petitioners filed this criminal petition.

(3.) The learned Counsel for the petitioners submitted that the police have no power to seize, arrest and investigate the offences falling under the Prevention of Food Adulteration Act, 1954. It is only the Food Inspector, appointed for the local area, in whose jurisdiction the offence is committed, has the power to seize, arrest and investigate. He submitted that the Government vide orders issued in G.O. Ms. No.44, dated 19-2-2002, prohibited the sale of pan masala under any brand name with emblem of Guthka, which contains tobacco, in Andhra Pradesh. To implement the prohibition of sale of Gutkha, the Directorate of Institute of Preventive Medicine, Public Health Labs and Food (Health) Administration, Andhra Pradesh, Hyderabad, has issued Circular Memorandum No.4709/Fl/2001, dated 20-2-2002, to the effect that the Food (Health) Administration Enforcement Officials shall conduct raids with the support of the police and officials of Vigilance and Enforcement Department and seize such products from retail and wholesale outlets and manufacturing units. In view of the said Circular Memorandum, the learned Counsel for the petitioner submits that the entire process of seizure, arrest and investigation done by the local police, is without jurisdiction, and as such, the proceedings have to be quashed.