LADU PATRO Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the present application filed under Sec. 482 Cr.P.C., the petitioner seeks to challenge the order dtd. 1/11/2021 passed by learned 3rd Addl. Sessions Judge, Berhampur in S.T. Case No. 80/2021 whereby, the petition filed by the petitioner under Sec. 227 of Cr.P.C. for discharge was rejected.

(2.) The brief facts of the case are that on 15/3/2021 while the staff of Berhampur Sadar P.S. was on patrolling duty, they received information regarding illegal manufacture of Gutkha in a Mushroom Farm. Accordingly, they proceeded to the spot and raided the farm and found several Gutkha manufacturing machines, packing machines and some Gutkha kept in Jari bags. However, no one present at the spot. As such, the above items were seized in presence of independent witnesses including nine Jari bags containing 50 packets each of pan masala in the name and style of "Bolo Zubaan Keshari Vimal" Pan Masala in every pouch. In course of investigation, it was found that the present petitioner and other persons were carrying out illegal manufacture and sale of pan masala/ Gutkha in violation of Government Regulations and were evading tax thereby. Accordingly, an FIR was lodged by the ASI, which relates to registration of Berhampur Sadar P.S. Case No. 69 of 2021 under Ss. 420/272/273/34 of IPC and Ss. 20 and 24 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (in short "2003 Act"), which corresponds to G.R. Case No. 456 of 2021. Upon completion of investigation, charge sheet was submitted against the accused persons for the aforementioned offences. Subsequently, the case was committed to the Court of Sessions and registered as Sessions Trial No. 80/2021. The petitioner filed a petition on 3/9/2021 under Sec. 227 of Cr.P.C. for discharge. The said petition was heard by the learned Court below on 1/11/2021 and rejected and on the same day, charge was framed under the aforesaid offences.

(3.) Heard Mr. J. Sahoo, learned counsel for the petitioner and Mr. S.K. Mishra, learned Addl. Standing Counsel for the State.