LADURAM Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has preferred the present petition under Section 482 of the Cr.P.C. for quashment of FIR bearing Crime No. 225/2019 registered against the applicant at Police-Station- Rampura, District- Neemuch for commission of offence punishable under Sections 272, 273 and 420 of the IPC.

(2.) Brief facts of the case are that complainant-Sanjeev Kumar Mishra, Food Safety Officer, Neemuch submitted a written complaint at Police-Station-Rampura, District-Neemuch on 01/11/2019 stating that on 23/10/2019, he collected samples of mixed milk of cow and buffalo, mawa, paneer, cream, curd and ghee from the dairy of the applicant situated at Rampura. He sent all the samples to State Food Laboratory, Bhopal for analysis on 24/10/2019 and also destroyed stock of above milk products after seizure. It is further submitted that on 25/10/2019, five samples of mixed milk alongwith other material i.e. Skimmed milk powder, detergent powder, maltose and refind oil etc. were collected from the dairy plant of the applicant situated at village Dudhlai and sent for analysis to State Food Laboratory, Bhopal. It is also submitted that other material available at the dairy plant worth of Rs.3,36,600/-were also seized and destroyed.

(3.) It was also averred in the said report that it is apprehended on the basis of the adulterants and other material available at the diary plant that the concerned milk and milk products were adulterated/synthetic. It has also been alleged that in the report that the accused used the tanker with a written board on it regarding on government duty and Saras Dairy for transportation of milk and thereby cheated the general public and accordingly, it was requested to the police authorities that considering the material seized from the applicant, it appears that he was involved in the business of adulterated milk and milk products, thus, it will be appropriate to registerer FIR against the applicant. On the basis of said written complaint, FIR bearing Crime No. 225/2019 has been registered against the applicant at Police-Station-Rampura, District-Neemuch for commission of offence punishable under Sections 272, 273 and 420 of the IPC. Being aggrieved by registration of avove FIR , the applicant has preferred the present petition for its quashment.