Judgment :- 1. The petitioner has come forward with this criminal original petition seeking for the relief of quashing the proceeding pending in STC.No.100/2008 on the file of the learned Judicial Magistrate No.III, Coimbatore for the alleged offences u/s.37 of the Tamil Nadu City Police Act and 20[1] and 20[2] of the Cigarettes and other Tobacco Products [Prohibition of Trade and Commerce, Production, Supply and Distribution] Act, 2003 [herein after referred to as “the Act”] read with 34 IPC. 2. The learned counsel for the petitioner would mainly raise a ground to the effect that in order to prove that the petitioner has violated the provisions u/s.20[1] and 20[2] of the Act, which is the main allegation in this case, the prosecution has obtained the chemical examination report only from the State Authority, viz., the Forensic Lab functioning at Chennai-4 and the same is not the competent authority to conduct the chemical examination in respect of the product involved in this matter. It is pointed out that the petitioner also obtained information by involving the provision under the Right to Information Act, 2005. It is submitted that in respect of analysing nicotine and tar in Cigarette, only the lab notified by a separate notification issued by the Central Government and published in the official Gazette alone is a recognized lab for testing the cigarette. Learned counsel would contend that the provision u/s. 11 of the Act contemplates such procedure. Therefore it is contended that obtaining the chemical examination report from the State Lab functioning at Chennai-4 is in clear violation of the provisions under section 11 of the Act and as such entire proceedings is liable to be quashed. 3. Per contra, the learned Government Advocate [Crl. Side] appearing for the respondent would submit that merely on the group of technically, the entire proceedings is not liable to be quashed. It is contended that even assuming that in view of the violation section 11 of the Act proceedings is liable to be quashed, liberty may be given to the respondent to get the chemical examination report by the Central Government in accordance with the provision under section 11 of the Act. 4. This court carefully considered the rival contentions put forward on either side and also perused the materials available record. 5. 4. This court carefully considered the rival contentions put forward on either side and also perused the materials available record. 5. The fact remains that the main allegation as per the proceedings initiated against the petitioner is to the effect that the petitioner was selling cigarettes in this shop and the same said to have been contained nicotine and tar as per the chemical examination report obtained from the lab situated at Chennai-4. It is pointed out before this court that the said Lab is not competent to give the chemical examination report as the same is not conformity with the provision u/s. 11 of the Act. Section 11 of the Act reads as here under:- “11. TESTING LABORATORY FOR NICOTINS AND TAR CONTENTS:- For purpose of testing the nicotine and tar contents in cigarettes and any other tobacco products the Central Government shall by notification in the official Gazatte grant recognition to such testing laboratory as that Government may deem necessary. This clause provides for issuing of notification by the Central Government regarding testing laboratory for nicotine and tar contents. 6. The reading of the above said provision makes it crystal clear that for the purpose of testing the nicotine and tar content in cigarettes or may other tobacco products, it is for the Central Government to issue notification in the official Gazette for granting recognition to such testing laboratory. As far as the case on hand is concerned, it is not disputed that the present chemical examination report filed by the Prosecution is not in conformity with the provision u/s. 11 of the Act. It is seen as per the materials produced before this court by the petitioner that the petitioner has obtained information from the public Information officer, Forensic Sciences Department, Chennai dated 31.07.2008 by invoking provision under the Right to Information Act, 2005. The said information was furnished by the Public Information officer reads as following:- “No separate Notification was issued to the official Gazette of Central Government by recognizing this Laboratory to undertake the testing of Nicotine and Tar contents in Cigarettes and any other tobacco products.” 7. The said information was furnished by the Public Information officer reads as following:- “No separate Notification was issued to the official Gazette of Central Government by recognizing this Laboratory to undertake the testing of Nicotine and Tar contents in Cigarettes and any other tobacco products.” 7. The above information furnished by the Public Information officer would make it abundantly clear that the chemical examination report which is the basis for initiating criminal proceedings in the case on hand furnished by the Lab situated at Chennai, is not the competent Lab as the said Lab is not recognized by the Central Government by issuing any separate notification in the official Gazette. Therefore, the said chemical examination report was received in contravention of the provision u/s. 11 of the Act and as such, the entire proceedings is vitiated and same is liable to be quashed. 8. Accordingly, the proceedings in STC.No. 100/2008 pending on the file of the learned Judicial Magistrate No.III, Coimbatore, insofar as the petitioner [A-1], is hereby quashed and the criminal original petition is allowed. Consequently connected miscellaneous petition is closed.