SUSHIL KR. GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All the three revisions are taken up for passing decision as a common question of law is involved. All the three criminal revisional applications are preferred for quashing three criminal proceeding pending before the Learned Jurisdictional Magistrate concerned. The criminal proceeding was initiated in all the three cases u/s 272/273/420/120B of IPC.

(2.) In all the three cases a huge quantity of alleged adulterated and spurious food items was seized from the possession of the petitioners. In all the three cases, the investigation is being conducted by the police. Apart from the factual deviation of the three separate cases the law involved under challenge herein appears to me same.

(3.) Both the points are taken up together: It is argued that on behalf of the petitioners that the impugned proceeding is gross abuse of process of court which if allowed to be continued that would be tantamount to be the harassment beyond the scope of law of the land. The Food Safety and Standard Act 2006 (hereinafter referred as a Special Act) come into effect to consolidate the laws relating to Food and establish Food Safety Standard Authorities for laying down science based Standards for articles of Food to regulate their manufacture Storage Distribution sale and import to ensure availability safe and whole sale food and for matters connected therewith and instantly thereto. With the introduction of the Special Act, it expressly declared that any violation relating to Food shall be governed by the Special Act and not under any other Act for the time being enforced.