- (1.) Leave granted. 1. First Information Reports (FIRs) were registered for transportation and sale of Gutka/Pan Masala for offences punishable under Sections 26 and 30 of the Food and Safety Standards Act, 2006 (hereinafter referred to as the 'FSS Act') and Sections 188, 272, 273 and 328 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'). The Respondents in the above appeals filed Criminal Writ Petitions and Criminal Applications in the High Court of Bombay for quashing the FIRs. The High Court quashed the criminal proceedings against the Respondents and declared that the Food Safety Officers can proceed against the Respondents under the provisions of Chapter X of the FSS Act. Aggrieved thereby, the State of Maharashtra is before us.
(2.) The High Court framed two questions for consideration. They are: i. Whether the Food Safety Officers can lodge complaints for offences punishable under the IPC? ii. Whether the acts complained amounted to any offence punishable under the provisions of the IPC?
(3.) A notification was issued on 18.07.2013 by the Commissioner, Food Safety and Drugs Administration, Government of Maharashtra under Section 30 of the FSS Act prohibiting manufacture, storage, distribution or sale of tobacco, Areca nut, which is either flavored, scented or mixed with any of the said addictives and whether going by the name or form of gutka, pan masala, flavored, scented tobacco, flavored/scented supari, kharra or otherwise by whatsoever name called, whether packaged or unpackaged and/or sold as one product, or though packaged as separate products, sold or distributed in such a manner so as to easily facilitate mixing by the consumer.;