RAJ KUMAR RAHEJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 428 dated 19.9.2009 under Section 7 of the Essential Commodities Act, 1955 and Section 420, 272, 273 of the Indian Penal Code ('IPC' for short), registered at Police Station Kotwali, Patiala and subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the FIR in question was not maintainable as the food articles alleged to be adulterated did not fall under Section 7 of Essential Commodities Act, 1955. No offence punishable under Section 420 IPC was made out in this case. So far as the offences under Section 272, 273 IPC were concerned, the same were non-cognizable and no FIR could be registered qua the said offences. If any offence was made out in the present case, the said could be under the Prevention of Food Adulteration Act, 1954 ('Act' for short). As per the said Act, the complaint could be filed by the official for initiating criminal proceedings against the petitioner.

(3.) Learned State counsel, on the other hand, has opposed the petition.