KISHOR KUMAR SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nilesh Kumar, learned counsel for the petitioner and Mr. Manoj Kumar assisted by Mr. P.C. Sinha, learned counsel for the State.

(2.) This petition has been filed for quashing the FIR and the entire criminal prosecution in connection with Ratu P.S. Case No.230/2021 lodged as against the petitioner under Sec. 59 of the Food Safety and Standard Act, 2006 (hereinafter to be referred to as "the Act, 2006") as well as Ss. 419, 420, 467, 468, 469, 471, 290, 120B of the Indian Penal Code as well as Ss. 7 and 20 of COTPA (Cigarette and Other Tobacco Product Act, 2020), lodged by respondent no.2, pending in the court of the learned Judicial Magistrate, 1st Class, Ranchi.

(3.) On the written report dtd. 15/8/2021 of the Food Safety Officer (respondent) no.2, the case was lodged wherein it was alleged that on 14/8/2021 on secret information, he went to the office of M/s. Suraj Freight Carriers Pvt. Ltd., Kamre. The raid was conducted in the leadership of respondent no.2. It was further alleged that against the order of the State Government dtd. 28/5/2021, some cigarette and other pan masala was found present in the Carrier company in presence of local independent witnesses, recovered pan masala and cigarette and the same has been seized. One Nirmal Kumar Sharma was apprehended from the spot. It was also alleged that recovered pan masala was banned in Jharkhand i.e. by an order issued by the Government of Jharkhand. It was suspected that cigarette was also against fixed standard and the same has illegally been packed. It was further alleged that the said go down has been taken on lease by the petitioner-Kishor Kumar Srivastava i.e. Transport Company namely M/s. Suraj Freight Carrier Pvt. Ltd. On the basis of search and seizure, the present case has been instituted.