Court No. - 53
Case :- APPLICATION U/S 482 No. - 25719 of 2018 Applicant :- Ravendra And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Daga,Niklank Kumar Jain Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Amit Daga, learned counsel for the applicants and Sri JB Singh, learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the charge sheet dated 24.08.2017 giving rise to Criminal Case No.1292 of 2018-State of UP Vs. Ravendra & Ors. (arising out of Case Crime No.129 of 2017), under Sections 420, 272, 273 IPC and Sections 57, 58, 59 of Food Safety and Standards Act, 2006, PS Kotwali Dehat, District Etah pending before the Court of Chief Judicial Magistrate, Etah.
Sri Amit Daga, learned counsel for the applicants has argued that the prosecution case against the applicants as mentioned in the impugned charge sheet is that on a raid being laid on their premises, the raiding team comprised of the Designated Officer, Food Safety and Standards Act, 2006, the SDM Sadar, CO City, and, the SHO, Kotwali Dehat, found the applicants making synthetic milk by using skimmed milk powder and refined oil. They have been chargesheeted under the various provisions of law indicated hereinbefore.
The submission of the learned counsel for the applicants is that the decision of the Division Bench of this Court in M/s Pepsico India Holdings Pvt. Ltd. & Anr. Vs. State of UP & Ors. [2010 (6) ALJ 30] it has been held that after coming into force of the Food Safety and Standards Act the Authorities can take action only under the said Act which will have overriding effect over all other food related laws, including the Prevention of Food Adulteration Act, and, also, that the Designated Officer after scrutiny of the report of Food Analyst shall decide as to whether the contravention is punishable with imprisonment or fine only, and in the case of contravention punishable with imprisonment, he shall send his recommendations to the Commissioner of Food Safety for sanctioning prosecution but provisions of Sections 272 and 273 IPC cannot be invoked.
Learned counsel for the applicants has also depended upon a decision of this Court in Mahesh Kumar Agrawal Vs. State of UP & Anr. [2013 (3) JIC 335 (All)] following the view in the case of M/s Pepsico India (supra) holding that prosecution under Sections 272, 273 IPC is excluded after enforcement of the Food Safety and Standards Act.
Learned AGA has disputed the submission of the learned counsel for the applicants and has relied upon the Division Bench decision of this Court in Criminal Misc. Writ Petition No.23567 of 2015 (Tony & Anr. Vs. State of UP & 2 Ors.) wherein in case of a liquor illegally imported from Haryana that was adulterated in UP with the intention to sell, the provisions of Sections 272, 273 IPC were held to apply. In that case it was also held that decision in Pepsico India (supra) was not at all attracted to the facts of that case as in Pepsico India (supra) there were no allegation that the petitioner-company or its employees or agents had kept its products with the intention to sell the same or knowing that the products are likely to be sold as food or drink or that the said products were exposed or offered with the intention to sell the same or knowing that the products are likely to be sold as food or drink or the said products are exposed or for sale.
Sri Daga has pointed out that the other ground on which the decision in Pepsico India (supra) turned, that is to say, exclusion of general provisions of Sections 272, 273 IPC by the special provisions of the Food Safety and Standards Act completely excluding the provisions of the IPC do not appear to have been argued by the learned counsel in Tony (supra) and passed sub silentio.
Matter requires consideration.
Notice on behalf of opposite party nos.1 & 2 has been accepted by the learned AGA and will file a counter affidavit in ten days.
List on 06.09.2018.
Till the next date of listing, further proceedings in Criminal Case No.1292 of 2018-State of UP Vs. Ravendra & Ors. (arising out of Case Crime No.129 of 2017), under Sections 420, 272, 273 IPC and Sections 57, 58, 59 of Food Safety and Standards Act, 2006, PS Kotwali Dehat, District Etah pending before the Court of Chief Judicial Magistrate, Etah shall remain stayed.
Order Date :- 21.8.2018 Shahroz