Orissa High Court
CRLMC/1631/2019 on 14 May, 2020
Author: S.Pujahari
Bench: S.Pujahari
CRLMC No.1631 of 2019 05. 14.05.2020 This is an application under Section 482 of Cr.P.C. seeking for quashment of the order dated 15.05.2019 passed by the learned Addl. Sessions Judge, Kalahandi at Bhawanipatna dismissing the revision petition bearing Criminal Revision No.2 of 2019 and thereby upholding the order passed by the learned S.D.J.M., Bhawanipatna rejecting the petition under Section 457 of Cr.P.C. filed by the present petitioner in C.T. No.874 of 2018 corresponding to Bhawanipatna Town P.S. Case No.267 of 2018 registered under Sections 273, 420, 109 and 328 of I.P.C. read with Section 20 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short the "COPTA Act"). 2. Heard the learned counsel appearing for the petitioner and the learned Addl. Standing counsel appearing for the State and perused the impugned order and other papers on record including the F.I.R. and the relevant seizure list. 2 Contd.......... 3. On 22.11.2018 during course of evening 14.05.2020 patrolling, Sri Tuna Sethy, S.I. of Police, Town Police Station, Bhawanipatna detected the present petitioner to have engaged labourers in uploading PAN MASALA and TOBACCO products and since he failed to produce any license or authority in respect of his possession or business in those articles, the S.I. of Police seized huge quantity of Safal Pan Masala and black label premium chewing tobacco contained in various cartoons in packed and sacked condition, from the godown of the petitioner as well as the truck parked there for unloading. On the basis of the report lodged by the S.I. of Police, the case was registered for the offences indicated above. 4. Vide the impugned order the learned Addl. Sessions Judge, Kalahandi at Bhawanipatna has observed, inter-alia, that although the accused- petitioner claimed to be a licensee to deal in Pan Masala and Tobacco in the locality, no license or authority could be produced by him. The trial Court below ultimately rejected the prayer of the petitioner under Section 457 of Cr.P.C. for the reason that the 3 Contd.......... petitioner could not establish his legal possession over 14.05.2020 the seized articles or his entitlement to the custody thereof. 5. In course of hearing before this Court, the learned counsel for the petitioner relied, inter-alia, on a retail / tax invoice dated 19.11.2018 purportedly issued by the Distributor, namely, K.P. Sugandh Ltd., Sambalpur in favour of Sreeyansi Store registered in the name of the petitioner. It is the submission of the learned counsel for the petitioner that the said invoice is the document of authority of the petitioner over the seized Pan Masala, on which due tax has been paid to the Government. The learned counsel has also relied on the letter No.27 dated 05.01.2019 of the CDMO, Kalahandi and the reports of the Food Analyst, Odisha to show that the samples of the seized Madhuban Safal Pan Masala, was in conformity with the prescribed standard under the Food Safety and Standards Act, 2006, and the Rules and Regulations thereunder. 6. Since the impugned order does not reveal the learned Addl. Sessions Judge, Kalahandi at Bhawanipatna to have dealt with the documents 4 Contd.......... referred to above or given his opinion thereon, the 14.05.2020 matter deserves to be remitted to his Court with a direction for disposal of the Criminal Revision No.2 of 2019 afresh in so far as the seized quantity of Safala Pan Masala is concerned, on taking into consideration the documents referred to above in right perspective, and also on giving opportunity of fresh hearing to both the sides. In so far as the seized quantity of chewing Tobacco is concerned, the impugned order does not call for any interference by this Court inasmuch as the petitioner has not produced any material to show his entitlement to the possession of the same. Needless to mention that appropriate steps in that respect shall be taken by the Investigating Agency / Authority concerned as per the provisions of COPTA Act, 2003. 7. With the aforesaid observation and direction, this CRLMC is disposed of. ........................... S.Pujahari, J.
MRS 5