1 apl1668.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.1668 OF 2025 Shankarlal s/o Chandulal Tanwani Aged about 54 years, Occ: Business, R/o House No.392, Shankar Nagar, Ward No.30, Pandhurna, Dist. Chindwara (M.P.) ...APPLICANT ...V E R S U S... 1. The State of Maharashtra through its Officer in charge of Police Station, Kelwad, Taluka Saoner, District Nagpur (Rural). 2. Food Safety Officer, Food & Drug Department, Kelwad, Dist. Nagpur (Rural). ...NON-APPLICANTS ------------------------------------------------------------------------------------------- Shri P.V. Navlani, Advocate for applicant. Ms H.N. Prabhu, APP for non-applicants/State. ------------------------------------------------------------------------------------------- CORAM:- M.W. CHANDWANI, J. DATED :- 22.06.2026 ORAL JUDGMENT: 1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties. 2. The applicant seeks quashing of First Information Report bearing Crime No.229/2024 registered with Police Station, Kelwad, District Nagpur (Rural) for the offences punishable under Section 188, 272, 273 and 328 of the Indian Penal Code read with 2026:BHC-NAG:7984-DB 2 apl1668.25.odt Sections 26(1), 26(2)(iv), 27(3)(e), 30(2)(a), 3(1)(zz)(iv) and 59 of the Food Safety and Standards Act, 2006 as well as consequential charge-sheet No.69/2024 filed in Regular Criminal Case No.321/2024. 3. The prosecution case in a nutshell is that the Food Safety Officer alongwith the Police, intercepted a Scorpio vehicle bearing registration No.MH13DH1893 near Savali Phata, Chatrapur. On inspection of the said vehicle, scented tobacco worth 2,25,210/- was seized, which was being transported. ₹ Therefore, on the complaint of the Food Safety Officer, the aforesaid offence came to be registered. 4. During investigation, it was revealed that those persons purchased the said contraband scented tobacco from the applicant, who runs his business at Pandhurna, Chhindwara District, Madhya Pradesh. There is no allegation of selling and transporting or storing the said contraband articles in the State of Maharashtra. The contraband scented tobacco was allegedly sold by the applicant at Pandhurna (Madhya Pradesh). The learned APP has failed to point out as to how the prosecution shall continue against the applicant even if there is no allegation against him that he was selling, storing or transporting the contraband scented 3 apl1668.25.odt tobacco in the State of Maharashtra. Therefore, the present case is squarely covered by guideline Nos.(1) and (3) as set out in Paragraph 102 by the Supreme Court in the case of State of Haryana and others Vs. Bhajanlal and others 1. Therefore, a case is made out for exercising the extraordinary powers of this Court to quash the FIR. 5. In these circumstances, the following order is passed: i. The criminal application is allowed. ii. First Information Report bearing Crime No.229/2024 registered with Police Station, Kelwad, District Nagpur (Rural) for the offences punishable under Section 188, 272, 273 and 328 of the Indian Penal Code read with Sections 26(1), 26(2)(iv), 27(3) (e), 30(2)(a), 3(1)(zz)(iv) and 59 of the Food Safety and Standards Act, 2006 as well as consequent charge-sheet No.69/2024 filed in Regular Criminal Case No.321/2024 qua the applicant only, are hereby quashed and set aside. iii. Rule is made absolute in the abovesaid terms. No costs. (M.W. CHANDWANI, J.) Wagh 1 1992 Supp. (1) SCC 335