MANU/SC/1021/2018

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1195 of 2018 (Arising out of SLP (Crl.) No. 4475 of 2016), Criminal Appeal No. 1196 of 2018 (Arising out of SLP (Crl.) No. 4486/2016), Criminal Appeal No. 1197 of 2018 (Arising out of SLP (Crl.) No. 4491/2016), Criminal Appeal No. 1198 of 2018 (Arising out of SLP (Crl.) No. 4484/2016), Criminal Appeal No. 1199 of 2018 (Arising out of SLP (Crl.) No. 4478/2016), Criminal Appeal No. 1200 of 2018 (Arising out of SLP (Crl.) No. 4499/2016), Criminal Appeal No. 1201 of 2018 (Arising out of SLP (Crl.) No. 4472/2016), Criminal Appeal No. 1202 of 2018 (Arising out of SLP (Crl.) No. 4513/2016), Criminal Appeal No. 1203 of 2018 (Arising out of SLP (Crl.) No. 4498/2016), Criminal Appeal No. 1204 of 2018 (Arising out of SLP (Crl.) No. 4502/2016), Criminal Appeal No. 1205 of 2018 (Arising out of SLP (Crl.) No. 4507/2016), Criminal Appeal No. 1206 of 2018 (Arising out of SLP (Crl.) No. 4521/2016) and Criminal Appeal No. 1207 of 2018 (Arising out of SLP (Crl.) No. 4494/2016)

Decided On: 20.09.2018

Appellants: The State of Maharashtra and Ors. Vs. Respondent: Sayyed Hassan Sayyed Subhan and Ors.

Hon'ble Judges/Coram:
S.A. Bobde and L. Nageswara Rao

ORDER

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 Indian Penal Code?

ii. Whether the acts complained amounted to any offence punishable under the provisions of the Indian Penal Code?

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, favored, 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.

4. Crimes were registered pursuant to complaints filed by the Food Safety Officers for violation of the said notification dated 18.07.2013 against the Respondents who were either transporting, stocking and/or selling the ........