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b. The sum and substance of the first information report is an information received by the officers of Respondent No. 5 herein about apprehend of certain vehicles, namely, Tempo/Trucks. The driver of the vehicles fled away from the spot and it revealed that those vehicles were carrying large quantity of gunny bags containing the packets of Gutka and Pan masala and the packets of tobacco. The bags were unloaded in the office of Joint Commissioner of Food and Safety Department, Osmanabad. One Mr. S K Shaikh approached the Respondent authorities Cr.WP.1027.2015+.doc disclosing that he is resident of Hyderabad and is possessing State permit for transport. On finding that Mr Shaikh escaped, who was possessing the State permit having the registration number of vehicles apprehended was carrying the articles which were prohibited under the notification issued by the State of Maharashtra. Offences, namely, Sections, 26(2)(4) and 30(2)(a) of the Food Safety and Standards Act, 2006 and under Section 272, 273, 188 and 328 of Indian Penal Code were registered against Mr S K Shaikh.
A. Criminal Writ Petitions and Criminal Applications are partly allowed.
B. FIR No. 70/2015 dated 15/5/2015, registered at Osmanabad Rural police station, Osmanbad and subsequent charge-sheet bearing RCC No. 286/2015 pending in the Court of JMFC, Osmanabad is hereby quashed only in respect of offence under Section 328 of Indian Penal Code, 1860 qua the petitioners in Writ Petition No. 1027 of 2015.
C. FIR No. 70/2015 dated 15/5/2015, registered at Osmanabad Rural police station, Osmanbad and subsequent charge-sheet bearing RCC No. 286/2015 pending in the Court of JMFC, Osmanabad is hereby quashed only in respect of offence under Section 328 of Indian Penal Code, 1860 qua the petitioner in Writ Petition No. 856 of 2015.
D. FIR No. 222/2015 dated 26/7/2015, registered at Shivajinagar police station, Beed is hereby quashed only in respect of offence under Section 328 of Indian Penal Code, 1860 qua the petitioner in Writ Petition No. 1368 of 2015.