The High Court dismissed a Criminal Writ Petition seeking quashing of criminal proceedings instituted for selling banned Gutkha. The court held that relief was denied as the petitioner had protracted the trial for years and accepted blame in a linked application without substantiating the plea to quash the proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 Cr WP 676 of 2010
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Criminal Writ Petition No.676 of 2010 With Criminal Application No.5530 of 2017
Suresh s/o Dulichand Surana, Age 48 years, Occupation : Business, R/o Jafargate, New Monda, Aurangabad. .. Petitioner.
Versus
The State of Maharashtra. .. Respondent.
Shri. Subhash P. Tilve, Advocate, for petitioner.
Shri. P.G. Borade, Additional Public Prosecutor, for respondent.
Coram: T.V. NALAWADE & K.L. WADANE, JJ.
Date: 04 JULY 2018
JUDGMENT (Per T.V. Nalawade, J.)
As the learned counsel for the petitioner has taken blame to himself, Criminal Writ Petition No.676/2010 is restored to its file.
2 Cr WP 676 of 2010
3 Cr WP 676 of 2010
registered for offences punishable under Prevention of Food Adulteration Act and also under Indian Penal Code like section 320. After making investigation, charge sheet is filed under few provisions of the Prevention of Food Adulteration Act and provision of section 320/34 of the Indian Penal Code.
4 Cr WP 676 of 2010
carbonate is proved to be injurious to health and it causes cancer. The other contentions of the petitioner like the prosecution is not possible under the provisions of the Prevention of Food Adulteration Act can be considered by the trial Court as the charge is already framed. The case is pending before the learned Chief Judicial Magistrate and it can be said that by filing present proceeding the petitioner has successfully protracted the hearing of the case for more than 13 years. This Court holds that no relief can be granted to the petitioner. In the result, the petition stands dismissed. Rule stands discharged.
Sd/- Sd/- (K.L. WADANE, J.) (T.V. NALAWADE, J.)
rsl
2 issues framed by the court
Whether the Criminal Writ Petition seeking quashing of proceedings for selling Gutkha containing magnesium carbonate should be allowed despite the framing of charges.
Whether the petitioner's contention that the government ban on Gutkha was set aside warrants quashing of pending criminal proceedings.
5 provisions across 4 enactments
Suresh Surana
The State of Maharashtra
T.V. Nalawade
K.L. Wadane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
