The State Of Maharashtra vs. Mr Anurag Awasthi
Held
The High Court quashed the lower court orders, finding that they overlooked material evidence suggesting the Gutkha was being sold in Maharashtra despite the ban. The Court emphasized public health and Article 21, prioritizing it over the respondent's commercial interests, and directed the State to destroy the seized goods.
Facts
The State of Maharashtra challenged orders from the JMFC and Additional Sessions Judge that granted interim custody of seized Gutkha (Vimal Pan Masala and Vimal Tobacco) to the respondent, who claimed it was in transit through Maharashtra. The State argued that the goods were intended for sale in Maharashtra, citing a discrepancy between purchased and seized quantities, and that Gutkha is banned in the state.
Key Issues
The key legal issue was whether the lower courts erred in granting interim custody of seized Gutkha, given the State's ban on its sale and evidence suggesting it was being illegally distributed within Maharashtra under the guise of inter-state transport.
Sections Cited
Sections 123, 223, 274, 275 of Bharatiya Nyaya Sanhita, 2023; Sections 7(2), 20(2), 59 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003; Sections 26(2)(i), 26(2)(iv), 59, 30(1), 30(2)(a) to (f) of the Food Safety and Standards Act, 2006; Articles 21, 246(1), 246(2), 246(3) of the Constitution of India; Entry 42 (List I), Entry 26 (List II), Entry 33(b) (List III) of the Seventh Schedule to the Constitution.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT :
Heard Mr. Walve, learned counsel appearing for the Petitioner-State and Mr. Joshi, learned counsel appearing for the Respondent.
By this Writ Petition, the State of Maharashtra has challenged order dated 6th June 2026 passed by learned JMFC, Court No.1, Pune in Criminal M.A. No.3069 of 2029 by which, the Police Station Officer, Rajgad Police Station has been directed to handover the interim custody of the Vimal Pan Masala (total 115 bags/Goni) and Vimal Tobacco (total 25 bags/Goni) (“Gutkha”) seized in Crime No. 166 of 2026 by Police Station, Rajgad, Pune 9th September, 2026 ARJUN VITTHAL KUDHEKAR ARJ
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