KAILASH GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Present writ petition has been filed for quashing of the First Information Report registered at case crime No. 85 of 2010, under Sections 272 and 273 of the Indian Penal Code read with Sections 7 / 16 of the Prevention of Food Adulteration Act, 1954, at police station Jamunapar, District Mathura.

(2.) Brief background of the case is that Food Inspector (Nagar) Mathura, on 25.02.2010 at about 10.15. A.M., after introducing himself, inspected the shop of the petitioner and asked him to show the licence. During the course of visit, Food Inspector purchased Laddoos, took sample and sealed the same. Said sample was sent to Public Analyst, Lucknow. In the said sample on examination, non-permitted synthetic colour (Auramine) was found which was injurious to public health and not fit for consumption. Under the orders of the Commissioner, Food and Medicine Administration, U.P. directives were given for lodging First Information Report, and accordingly, First Information Report was lodged. After the First Information Report has been lodged, present writ petition has been filed.

(3.) Sri Ashok Kumar Sharma, learned Counsel for the petitioner, contended with vehemence that in the present case, the provisions of the Prevention of Food Adulteration Act, 1954, have been flouted with impunity, as such the F.I.R. lodged is liable to be quashed and further directives be issued to proceed as per the provisions contained in the Prevention of Food Adulteration Act, 1954.