VIVEKANAND AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure [ for short "the Code"] has been filed for quashment of Criminal Case No. 30/2012, pending before Chief Judicial Magistrate (CJM), Dhar.

(2.) Brief facts of this case are that petitioner NO.1 is General Manager(Works) in the petitioner No.2 Company and company has authorized petitioner No.1 to appear in this case on behalf of the Company. The unit of petitioner No.2 situated inside the Indore Special Economic Zone at Pithampur,(Dhar) and the unit is 100% export oriented unit, dealing in processing of organic spices for exports. On 20/06/2011non-applicant Food Inspector Shri K.S.Solanki entered the premises of petitioner NO.2 and has taken the samples of two spices namely Chilly powder and organic turmeric powder from consignment destined for exports. On 19/01/2012 petitioners have received a letter along with the report of Public Analyst that the samples were adulterated. Thereafter, the Food Inspector has filed a private complaint against the petitioners which is registered as Criminal Case NO. 30/2012 for the offence under Section 7(i)(iii) read with Section 16(i) A(i) of the Prevention of Food Adulteration Act, 1954 (in brief "the Act") in the Court of Chief Judicial Magistrate, Dhar. Chief Judicial Magistrate has taken the cognizance. Being aggrieved, the petitioners have filed this petition on various grounds.

(3.) Learned counsel for the petitioners submits that the petitioner's unit is situated inside the Indore Special Economic Zone at Pithampur (Dhar) and the unit is 100% export oriented unit. Thus, it is governed by the Special Economic Zones Act, 2005( for short "SEZ Act") and rules made there under. Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs New Delhi issued th a circular dated 8 January, 2002 (Annexure P/7) that the PFA Act is not applicable for food meant for export. The Food Inspector is not notified officer under Section 20 of the SEZ Act. Hence, he has no jurisdiction for taking sample from such unit. Therefore, the private complaint filed by the Food Inspector and taking cognizance by the CJM is without jurisdiction. Hence, the order of taking cognizance be set-aside.