Bombay High Court order had held that raids and actions taken by police against people possessing gutkha were illegal.
The Maharashtra Police has moved the Supreme Court against Bombay High Court’s order, which had held that raids and actions taken by the police against people possessing and storing gutkha were illegal.
Filing a Special Leave Petition (SLP), the Maharashtra Police said that although the food safety commissioner is empowered to issue notification under the Food Safety and Security Act and effective implementation of law against the violators, police have the power to take action against them under IPC.
In March, the Aurangabad bench of Bombay High Court had quashed the FIRs registered against several gutkha manufacturers, sellers and others indulged in this business saying police actions were illegal and the food safety officers were not prohibited from proceedings against the alleged offenders under provisions of Food and Safety Standard (FSS) Act.
Contending that the high court has erred in quashing the FIRs by applying the provisions of section 482 of the Criminal Procedure Code, the plea said court should have gone slow while passing the order.
“The high court should have made the respondents (accused) to face trial. Had the respondents been proved the not guilty, the respondents would have been acquitted by the competent court,” the plea stated.