Bombay HC refuses to quash FIR against MP bizman transporting Gutka via Maharashtra – India Today

The Aurangabad Bench of the Bombay High Court has refused to quash an FIR against a businessman from Madhya Pradesh and two drivers who were transporting Gutka from Karnataka to Madhya Pradesh.

THE CASE DIARY

According to the case registered at Osmanabad, on Feb 6, 2019, the police had intercepted a truck from which a strong smell of Gutka was emanating. In the truck were 18,450 packets of scented Supari worth Rs 9,36,000. Gutka is banned in Maharashtra, and hence the seizure.

The businessman had filed a similar petition in 2019, seeking quashing of the FIR, and that petition was dismissed as well, while holding that even the transportation of banned Gutka is prohibited. However, this time, the businessman suppressed the fact that he had filed a similar petition earlier, which had been dismissed.

ARGUMENTS IN COURT

Advocate Saeed Shaikh, appearing for the businessman, said that the company manufactures Gutka in Karnataka and he had only placed an order to get the Gutka from Hubbali (Karnataka) to Burhanpur (Madhya Pradesh). He said that the drivers were only using National Highway No. 52 for the said purpose, but the Maharashtra authorities exceeded their jurisdiction and falsely implicated the petitioners.

Shaikh said the gutka was only for consumption in Madhya Pradesh and not in Maharashtra. He added, “The geographical limitations are such that the carrier has to go from the State of Maharashtra for transportation of goods from Hubbali to Burhanpur. So, while they were passing through Maharashtra, an FIR was registered against them.”

Government pleader MM Nerlikar submitted that the petitioners have violated the orders passed by the Food and Drugs Department and were caught red-handed while carrying the prohibited articles and, hence, there is no substance in the application and the same deserves to be dismissed.

THE COURT’S ORDER

The bench of Justices Vibha Kankanwadi and RS Patil noted that in 2018, for the public interest, the state government has prevented the manufacture, sale, storage and even transportation of articles like Gutka, pan masala, scented beetle nut, scented tobacco, and the mixture of these articles in this state. The reason behind the prohibition of these substances is that these substances are causing cancer, which is a killer disease.

The bench noted that the 2018 notification was not challenged in the plea. Moreover, the court noted that the specific word “transportation” is also there, which is prohibited under the notification. Also noting that the businessman had suppressed the fact that he had filed a petition earlier, the court imposed a cost of Rs 50,000 on him, which was to be deposited with the High Court Legal Aid Services, sub-committee Aurangabad.

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