MAHENDRA TRADING COMPANY Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2020-6-138
HIGH COURT OF BOMBAY
Decided on June 30,2020

Mahendra Trading Company Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) Both the proceedings are filed for relief of quashing of FIR No. 37/2020 registered with Neknoor Police Station, District Beed for the offences punishable under Sections 188 , 272 , 273 , 34 of the Indian Penal Code and under Sections 26 , 27(2)(e) , 59 and 30(2)(a) of the Food Safety and Standards Act , 2006.
(2.) The first proceeding is filed by Mahendra Trading Company represented by Mahendra Radhesham Chauhan and the second proceeding is filed by Meghdoot Logistic represented by Proprietor Mr. Tilak Chand Jain. The FIR is given by Food Safety Officer. There was specific information to this office on 22/02/2020 that in container No. HR-84-7688, the prohibited substances like Gutkha were being carried. He contacted police and with the police he went to hotel where the container was found to be parked. When the contents of the container were checked, they found 48 bags of Pan masala, premium chewing tobacco which was scented, cool lip flitter tobacco which was scented and Tobacco of Ganesh brand which was also scented and the value of these articles was around Rs.26,74,824/-. The description of the labels, packets showing the contents was recorded and the so called record like bilty which was with the driver Ravindra Kumar Rampal and other person in the company of driver, namely, Bittu Kunwar Pal was taken over. These articles are used as Gutkha, Pan masala and so the articles came to be seized alongwith the vehicle. In this State there is the prohibition to manufacture, posses, sale, transport such articles and such notification has been issued. The contents of these articles are harmful to human being and as after inquiry, it transpired to police and office Food Safety Officer that they were illegally transporting the aforesaid articles for sale in Maharashtra, action was taken and the crime was registered.
(3.) The description given on the packets show that the goods were manufactured by companies like Kay Pan Fragrance Pvt. Ltd. Ghaziabad, Tobacco works Pvt. Ltd. Bulamdshahr Road, Industrial Area, Ghaziabad, Tejram Dharma Paul Pvt. Ltd Sonepat, Haryana and Tejram Dharma Paul Pvt. Ltd. Nathupur Sonepat, Haryana. Samples are taken by Food Safety Ofcer of these articles. The description of the contents given on the packets itself shows that these articles are prohibited for manufacture, sale, transport etc in Maharashtra.;


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