The Jail Cave and Multi Cuisine Restaurant Thru. Proprietor Amit Kumar Mishra vs State of U.P. Thru. Secy. Food Safety and Drugs Admi. Lko and 5 Others

Heard learned counsel for the petitioner, Ms. Akansha Dubey, learned Additional Chief Standing Counsel for the State/opposite party no.1, 3, 4, 5 and 6.

Ms. Akansha Dubey, learned Additional Chief Standing Counsel appearing for opposite party nos.1, 3, 4, 5 and 6 says that Section 12 (1) of the Cigarettes and Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply and Distribution) Act, 2003 provides that a police officer has a power to inspect the premises, if they have reason to believe that there is some untoward activity going on in that place.

Connect and list with Writ C No.10713 of 2023 (M/s. Aftek Foods and Beverages Pvt.Ltd., vs. State of UP. and others) .

In the meantime, it is provided that the Police Officials shall keep in mind the law propounded by Hon'ble Supreme Court and shall exercise their powers if there is reason to believe strictly in accordance with the provisions of the Act, 2003 and not otherwise.

(Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.)

¶15

September 1, 2025 Anupam S/-

Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench

The Jail Cave and Multi Cuisine Restaurant Thru. Proprietor Amit Kumar Mishra v. State of U.P. Thru. Secy. Food Safety and Drugs Admi. Lko and 5 Others