The Bombay High Court recently granted liberty to the Commissioner of Police, Nagpur to take criminal action against those indulging in illegal activities of import, distribution and use of sub-standard betelnuts and arecanuts for human consumption.
The Division Bench of Justice Sunil B. Shukre and Justice Anil L. Pansare heard a PIL filed by Dr. Mehboob M. K. Chimthanwala seeking action against unscrupulous traders who are passing off arecanuts as betelnuts and who are distributing sub-standard betelnuts.
On December 23, Anand Parchure, Amicus Curiae, has expressed difficulty of Nagpur Police, that even though the illegal trade of distribution and use of substandard betelnuts endangering public health is going on and also the allied trade of importing arecanut not fit for human consumption, and then passing it off as real betelnut, is also going on and which is harming the health of society at large. The Nagpur Police is unable to take action under the criminal law against the culprits on account of the fact that there is some confusion amongst the agencies as regards their spheres of jurisdiction and therefore, Amicus Curiae prayed for a clarification of the same so that culprits can be brought to book.
While considering the arguments of the Amicus Curiae, the Bench observed the High Court has so far passed some interim directions in the PIL. These interim directions include a direction to the CBI to take over the entire criminal investigation in four cases registered against concerned persons.
Another direction issued is about taking necessary steps within time stipulated in the order dated 10/10/2018 to ensure that no such sub-standard material unfit for human consumption enters the country in any way.
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While these directions are being followed by the concerned agencies, who are respondents here, as submitted by Amicus Curiae, the Bench held that it is also necessary that if any new illegal acts and offenses are detected, appropriate action is taken in respect of such acts and offenses by registering suitable crimes and making investigation.
The High Court has also not expressly prohibited Nagpur Police from setting criminal law in motion by registering FIRs against persons indulging in such illegal activities.
The Court therefore, clarify that Commissioner of Police, Nagpur would be at liberty to take such criminal action against all those who are indulging in such illegal activities as import, distribution and use of sub-standard betelnuts and also arecanuts for human consumption, as may be permissible in law, provided reports of the concerned public analyst or any other authorized laboratory and other material support the allegations.
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It is pertinent to note that the High Court has taken on record the report filed by the CBI in compliance of the earlier order of the High Court regarding the status reports of the investigation.