S K SHUKLA Vs. STATE OF MP

JUDGEMENT

(1.) This application under Section 482 of CrPC has been filed for quashing the order dated 23/12/2014 passed by Judicial Magistrate First Class, Vidisha in Criminal Case No.3128/2014.

(2.) The necessary facts for the disposal of the present application in short are that a complaint has been filed against the applicant for an offence under Sections 3(zz)(iii), 26(2)(i), 27(1) r/w Section 59 of the Food Safety and Standards Act, 2006 (hereinafter referred to as ''the Act''), Regulation 2(6), (10) and 3.1. (5) of the Food Safety and Standards (Packing and Labeling Regulations, 2011 (hereinafter referred to as "Regulations") and also under Section 3(zf) (A) (iii), 3(zf) (c) (i), 26(2)(ii), 27(1) r/w Section 52 of the Act on the allegation that the applicant is a nominee of Satya Sai Agroils Private Limited (hereinafter referred to as ''the Company'') which is carrying on business of manufacture of Soya Badi, Soya Lecithin, Soya Flour and Fortune Refined Soyabean Oil etc. and the factory is situated at Sanchi Road, Vidisha. On 23/07/2014, the Food Safety Officer inspected the Company and took the sample of Fortune Soya Chunks, Soya flour, Fortune Refined Soyabeen Oil etc. manufactured and packed by the Company. A panchnama was prepared. The sample was sent to Food Analyst and according to the report of Food Analyst, the sample of Soya Badi was found to be unsafe under the Act and the sample of Soya flour was found to be misbranded and unsafe under Regulation 2(6), (10) and 3.1. (5) of the Regulations and under Sections 3(zf) (A) (iii), 3(zf) (c) (i), 26(2)(ii), 27(1) r/w Section 52 of the Act. The designated officer sent copy of the report to the applicant. The sanction for prosecution to file a complaint under Section 36 of the Act was granted and accordingly, the complaint has been filed for offence under Sections 3(zz)(iii), 26(2)(i), 27(1) r/w Section 59 of the Act, Regulation 2(6), (10) and 3.1. (5) of the Regulations and under Sections 3(zf) (A) (iii), 3(zf) (c) (i), 26(2)(ii), 27(1) r/w Section 52 of the Act.

(3.) The Trial Court took cognizance of offence by order dated 212.2014.