The Bombay High Court has given the Commissioner of Police of Nagpur the authority to pursue criminal charges against anyone involved in the illegal import, distribution, and use of substandard betelnuts and arecanuts for human consumption.
A PIL filed by Dr. Mehboob M. K. Chimthanwala demanding action against unscrupulous sellers who are passing off arecanuts as betelnuts and distributing sub-standard betelnuts was heard by the Division Bench of Justice Sunil B. Shukre and Justice Anil L. Pansare.
On December 23, Anand Parchure, Amicus Curiae, expressed the difficulty of Nagpur Police in dealing with the illegal trade of distributing and using substandard betelnuts, endangering public health, as well as the related trade of importing arecanut unfit for human consumption and passing it off as real betelnut, both of which are harming society's health. Because there is some uncertainty among the agencies as to their fields of jurisdiction, the Nagpur Police are unable to initiate criminal action against the perpetrators. As a result, Amicus Curiae has asked for clarification so that the perpetrators can be brought to justice.
The Bench noted that the High Court had issued several interim orders in the PIL while examining the arguments of the Amicus Curiae. These temporary directives include a request that the CBI take over the whole criminal investigation in four cases involving concerned individuals.
Another directive issued is to take the required procedures, within the timeframe specified in the order of October 10, 2018, to ensure that no such sub-standard material unfit for human consumption enters the nation in any way.
The Nagpur High Court has not expressly forbidden Nagpur Police from enforcing criminal law by filing FIRs against anyone who engage in such illegal activities.
As a result, the Court clarifies that the Commissioner of Police, Nagpur, will be free to pursue criminal charges against anyone involved in illegal activities such as the import, distribution, and use of substandard betelnuts and arecanuts for human consumption, to the extent permitted by law, provided that the allegations are supported by reports from the concerned public analyst or any other authorised laboratory, as well as other evidence.
It's worth noting that the High Court has accepted the CBI's report as evidence, in accordance with the High Court's earlier judgement regarding the investigation's status updates.