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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.

9. Per contra, learned APP vehemently opposed petitions and applications. It is submitted by learned APP Mr Yawalkar appearing for Cr.WP.1027.2015+.doc the Respondents that there was a need of new law in the changed scenario, as the provisions of old law i.e. The Prevention of Food Adulteration Act, 1954, were not sufficient enough to curb the menace of tobacco products. Learned APP further submitted that the statement of object and reasons would show objective of introducing the new act i.e. to bring out a single statute relating to safety and to provide a systematic and scientific development of food processing industries. Learned APP further submitted that by taking recourse to the provisions of Act of 2006 the competent authority i.e. the Food Safety Commissioner issued order and notification. By inviting our attention to the relevant clauses i.e. D and E of the order dated 18 th July, 2013 also clauses of notification, learned APP vehemently submitted that food articles which were found in the vehicle apprehended were banned articles and there was a prohibitory order for storage, distribution or sale of these banned articles i.e. Gutka or Pan Masala. Learned APP by inviting our attention to the notification dated 15 th July, 2014 submitted that under the scientific research and study it clearly revealed that the tobacco and other products like Gutka or Pan Masala consumption of such articles is seriously harmful and leads to serious ailment like cancer.

10. We find considerable merit in the submission of learned APP that competent Authority had issued the order dated 18 th July, 2013 and as per clause G of the order the activities, such as manufacture, storage, distribution or sale of Gutka or Pan Masala, containing either tobacco and/or nicotine or Magnesium Carbonate as ingredients, by whatsoever name these are available in the market and any other products marketed separately to constitute as Gutka or Pan Masala etc. as final products.

16. We may state here that, we are in respectful agreement with the view expressed by the Division Bench at principal seat in so far as the applicability of Section 328 of IP Code against the petitioners in the Cr.WP.1027.2015+.doc present matter. We further state that in so far as Section 188 of IP Code is concerned, the facts in the present matter are distinguishable from the facts of the Writ Petition No. 3607/2019. As stated above, in Writ Petition No. 3607/2019 the Division bench at principal seat was pleased to observed that the Writ Petition only refers to the storage of food article Gutka or Pan Masala but in the present matters the first information reports specifically refers to transportation of large quantity of the prohibited articles i.e. Gutka or Pan Masala.