Thane, May 16: The Thane Sessions Court has acquitted five accused in two separate gutkha and pan masala seizure cases, holding that the prosecution failed to prove essential ingredients of offences under the Indian Penal Code (IPC) and the Food Safety and Standards Act (FSS Act).
In both judgments delivered on May 14 and May 15, 2026, Ad-hoc District Judge-3 and Additional Sessions Judge R.M. Rathod observed that the prosecution failed to establish that the accused had administered any poisonous or intoxicating substance to the public, caused hurt to anyone, or validly proved seizure and possession of the banned products.
Two acquitted in Bhayander autorickshaw seizure case
In the first case, the court acquitted accused Firoz Ahmad Raisi, a rickshaw driver, and Gaurav Subhash Mahajan, who were booked by Navghar police in January 2022 after police allegedly seized gutkha and tobacco products worth ₹45,369 from an autorickshaw near Sai Sagar Building in Bhayander East.
The prosecution had charged the duo under Sections 328 and 273 of the IPC along with Sections 26(2)(iv) and 30(2)(a) of the FSS Act.
However, the court noted that the prosecution failed to examine any independent witness to show that the accused had sold harmful substances to any person or that any consumer had suffered harm.
Court questions seizure procedure and evidence
The court further observed that the seizure panchnama did not bear the signatures of the accused and that no panch witness was examined, creating serious doubts about the seizure itself.
The court also noted that the food analysis report was not placed on record.
Three acquitted in Mira Road residential raid case
In the second case, the court acquitted Maniram Ramdavar Nag, Manish Panchdev Jaiswal, and Mukesh Panchdev Jaiswal, who were booked by Mira Road police in December 2020 after allegedly recovering gutkha, scented tobacco, and pan masala worth ₹58,352 from a residence in Mira Road East.
According to the prosecution, police had acted on secret information that Maniram Nag was distributing banned gutkha products in the Mira-Bhayander area and subsequently raided his residence.
During the raid, police allegedly recovered several bags containing gutkha and tobacco products.
The accused were charged under Sections 328, 188, 272, and 273 of the IPC along with Sections 26(2)(i), 26(2)(iv), 27(2)(e), and 30(2)(a) of the FSS Act.
Court says possession alone insufficient under Section 328
While acquitting the accused, the court held that Section 328 of the IPC could not be invoked merely on the basis of possession of gutkha or pan masala unless the prosecution proved that the accused had administered or caused any person to consume poisonous or harmful substances with intent to cause hurt.
The court noted that no such evidence had been produced.
Hostile witness weakens prosecution case
The court also found major procedural lapses in the investigation. The panch witness turned hostile and did not support the prosecution case regarding the seizure panchnama.
The court further noted that the panchnama did not bear the signatures of the accused, creating doubt over the alleged recovery.
Court cites procedural bar under CrPC
On the charge under Section 188 of the IPC, the court held that prosecution was barred under Section 195 of the CrPC because no complaint had been filed by the competent public servant authorised under law.
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The court observed that violations of prohibitory orders issued under the FSS Act must be prosecuted through the procedure prescribed under the special law and not merely through a police charge sheet.
The judge also held that the Food Safety Officer, and not the police, was the competent authority to initiate prosecution under the FSS Act.
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