VISHAL Vs. STATE OF MAHARASHTRA AND OTHER

JUDGEMENT

(1.) The proceeding is filed under section 482 of the Code of Criminal Procedure for the relief of quashing of proceeding of R.C.C.No.345/2009 which is pending in the Court of Judicial Magistrate, First Class Amalner, District Jalgaon and which is filed for offences under section 7(i) read with section 2(ia),(a), 2(ia)(m) of the Prevention of Food Adulteration Act 1954 punishable under section 16 of the Prevention of Food Adulteration Act 1954 and the Rules made there under. Both the sides are heard.

(2.) The private complaint is filed by public servant, Food Inspector of Maharashtra State. The case is of adulteration of buffalo milk. The present proceeding is filed to challenge the said criminal case and the contention made is that prior to the date of purchase of aforesaid milk and the date of the complaint, the new Act, "The Food Safety and Standards Act, 2006" had come into force. It is the contention that the provisions of the old Act could not have been used against the applicant, the proprietor of the concern from where the milk was purchased by the Food Inspector.

(3.) Learned counsel for the applicant placed reliance on provisions of section 97 of the new Act and also other sections like section 98 and 99 of the new Act.