Food Safetyand Drug Adminstration Department v. Sebastian

Suo Motu TR.No.19202 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.19202 of 2025 (STC.No.1359 of 2019 of Judicial Magistrate Court, Dharapuram, Dharapuram Taluk, Tiruppur) For Petitioner : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025.

2. This case is registered for alleged offences under Section 58 & 59(i) of Food Safety and Standards Act, 2006. The allegation in this case is that in the shop of Accused No.1, the banned tobacco product namely Hans - Chhap tobacco was found. The manufacturer is arrayed as Accused No.2. It can be seen that the tobacco product is not banned in several of the other states including Delhi, where the address of the manufacturer is shown. It is only smuggling the products inside Tamil Nadu and selling the same becomes an offence and therefore, A2 ought not to have been arrayed as an accused, unless they had only supplied the same directly to accused No.1. Page No.1 of 2 https://www.mhc.tn.gov.in/judis

Suo Motu TR.No.19202 of 2025 D.BHARATHA CHAKRAVARTHY, J.

3. In view thereof, the case against A2 cannot stand and as such quashed. As far as A1 is concerned, he is admitting the crime and submits that he is not indulging in selling the tobacco products anymore. Considering the facts and circumstances of the case, the fact that the accused has been facing the case for a long time and that he has now pleaded guilty, this Court is of the view that a penalty of fine of Rs.2,500/- on accused no.1 shall be imposed. The fine amount of Rs.2,500/- shall be paid by the accused on the next date of hearing before the Trial Court.

4. Accordingly, the proceedings in STC.No.1359 of 2019 of Judicial Magistrate Court, Dharapuram, Dharapuram Taluk, Tiruppur is disposed of and this Suo Motu Transfer Case is disposed of. 08.10.2025 veda electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.

Suo Motu TR.No.19202 of 2025 Page No.2 of 2 https://www.mhc.tn.gov.in/judis