SHAMBHU DAYAL AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") for quashing the First Information Report being Crime Register No.22 of 2001 recorded before Unjha Police Station, Unjha of Mehsana District for the offence punishable u/ss 406-420-272-273-326-28-511-120Bof the I.P. Code as well as u/s 16 of the Prevention of Food Adulteration Act, 1954.

(2.) The aforesaid F.I.R. has been lodged by the Police Sub-Inspector of Unjha Police Station stating that when he was on duty on midnight petrol duty on 21-1-2001, at that time he received an information that certain ediable goods were being carried in a truck near Tirupati Complex and an inquiry was made from the driver of the said vehicle. However, neither the driver nor the owner of the transport company could render any satisfactory explanation and ultimately samples were collected in presence of the Food Inspector. It was found that the said ediable goods was adulterated and therefore the F.I.R. was filed by the said Police Sub-Inspector on the next day i.e. 22-1-2001 for the aforesaid offences against the petitioners.

(3.) Feeling aggrieved by the aforesaid F.I.R. the petitioners have filed this petition u/s 482 of the Code for quashing and setting aside the same. It has been mainly contended that the Police Sub-Inspector has no authority to file F.I.R. before the Police for the offences in question. In fact, even looking to the averments made in the F.I.R. no offence can be said to have been made out and therefore it would be an abuse of court process to permit further investigation and submission of the charge-sheet at the end of the investigation by the Investigating Officer in the said matter. Therefore, no offence has been made even prima facie, therefore the F.I.R. may be quashed.