SURAJ JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This is First application under Section 438 of the Cr.P.C., by which the applicant is apprehending his arrest in connection with Crime No.226/2019, registered at Police Station-Unhel, Tehsil-Nagda, District-Ujjain for commission of the offence punishable under Section 420 of the IPC alongwith Sections 50, 51 and 58 of the Food Saftey and Standard Act, 2006 (in short the Act).

(2.) As per prosecution story, on 17/09/2019, complainant made a written complaint alleging that on the instruction of Collector, Ujjain they made a raid on Firm Siddhi Doodh Dairy and adulterated vanaspati ghee was seized from the spot and on the basis of that complaint aforesaid case has been registered against the applicant.

(3.) Learned counsel for the applicant submitted that the applicant has not done any offence and he has been indulged falsely in the present crime. It is also submitted that prima facie, if some adulterated food articles were found in the shop of the applicant then certainly on that the case under Section 420 of the IPC cannot be registered, when the act for storing the adulterated articles has been specifically punishable under the Special Act. It is further submitted that registration of FIR by the respondent No.1 under Sections 50, 51 and 58 of the Act is also erroneous because the Act is a complete code in itself with regard to manufacture, sale of food articles and contravention in respect thereof. It has its own set of Authorities, which are authorized to conduct investigation, search, seizure and/or launch prosecution. In this regard, learned counsel for the applicant has placed reliance on the order passed by this Court dated 03/02/2010 in M.Cr.C. No. 8629/20096 (in the case of Banshilal Agrawal v. State of M.P.). Under these circumstances, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.