PRAMOD KUMAR SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) Instant petition under Sec. 482 of the Cr.P.C is filed by the petitioner assailing the impugned order of cognizance dtd. 8/7/2019 passed in connection with G.R. Case No. 406 of 2018 by the learned S.D.J.M., Rayagada corresponding to Rayagada P.S. Case No. 25 of 2018 on the grounds inter alia that the same is not tenable in law particularly with respect to offence punishable under Ss. 272 and 273 read with 34 of the I.P.C. and hence, liable to be interfered with and quashed in exercise of the Courts' inherent jurisdiction.

(2.) In the case at hand, an F.I.R was drawn by the informant, namely, S.I. of Police of G.R.P.S., Rayagada alleging therein that while he was on duty along with another official in the railway platform area of Rayagada received information from reliable source about the petitioner in possession of Tobacco (GHUTKA) and transporting the same unauthorizedly and accordingly, proceeded to the spot and found 25 plastic polythene bags kept in front of the parcel office and on inquiry and verification, it was revealed that there was no such authorization to possess it and was revealed that the same was supplied by the named person, who belongs to Rourkela. It has been alleged therein that the manufacturer of GHUTKA could not be disclosed by the petitioner and after verification, it was ascertained that the same contained Tobacco, which is a product prohibited under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter referred to the 'COPTA') and it was being possessed for transportation and selling knowing fully that the same is injurious to human consumption. Accordingly, Rayagada P.S. Case No. 25 of 2018 was registered under Ss. 420, 272 and 273 read with 34 of the I.P.C besides Sec. 20 of COPTA. On completion of investigation, the petitioner was chargesheeted under the alleged offences, consequent upon which, the learned Court below took cognizance of the same by the impugned order dtd. 8/7/2019 in connection with G.R. Case No. 406 of 2018, which is currently under challenge.

(3.) Heard Mr. Das, learned counsel for the petitioner and Mr. Mohapatra, learned ASC for the State-opposite party.