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TMI Blog2023 (5) TMI 1415X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 supplie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spire the active involvement of the petitioner in any such crime, inasmuch as, none of the witnesses examined under Section 161 Cr.P.C. ever disclosed or stated anything adversely against him. Mr. Das would submit that in so far as the offences under Sections 272 and 273 read with 34 of the I.P.C are concerned, its essential ingredients are not fulfilled so as to bring the seized GHUTKA within the category of food item and so therefore, there is no Pramod Kumar Sahu@ Pramod Sahu Vrs. State of Odisha question of any adulteration or sale of noxious food article, but the learned Court below lost sight of the same and has erroneously taken cognizance of the said offences. It is contended that GHUTKA has never been a food or a drink item as per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed against him. Thus, it is submitted that the impugned order under Annexure-2 Series is absolutely justified and in accordance with law. 6. Mr. Das, learned counsel for the petitioner, while advancing an argument to the effect that GHUTKA seized from the petitioner not to be a food product and hence, offences under Sections 272 and 273 I.P.C are not attracted, cited a decision in the case of Joshy K.V. and Others Vrs. State of Kerala and Others decided in W.P.(C) No.13580 of 2012 (V) by judgment dated 20th December, 2012. It is contended that in the aforesaid decision, Tobacco is not held to be a food product as it might at best an intoxicant, which is not used for taste or nourishment. Even though, it is a product covered by the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r a decision by the learned court below. In fact, Mr. Das, learned counsel for the petitioner confined the argument as against the offences under Sections 272 and 273 read with 34 of I.P.C. in respect of which the learned court below has taken cognizance of. So, therefore, the consideration before the Court is, whether, the seized GHUTKA product is a food item within the definition of Section 3(1)(j) of the FSS Act. 8. In Joshy K.V. (supra), the challenge was whether, Tobacco by itself with some additives like lime or other flavouring substances can be prevented or seized in view of Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 (shortly as 'Regulations') being a food product. Un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants, prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances: Provided that the Central Government may declare, by notification in the Official Gazette, any other article as food for the purposes of this Act having regards to its use, nature, substance or quality.'' On a sincere reading of the aforesaid provision, it is made to understand that any substance whether processed or unprocessed or partially processed intended for human consumption including primary food and other items mentioned therein with exception is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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