JATINDER KUMAR JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition seeks quashing of FIR, Annexure P.1 dated 28.4.2005 under sections 420/272/273 IPC read with Section 7 of the Essential Commodities Act, 1955 and the provisions of the Prevention of Food Adulteration Act, 1954 (for short, 'the PFA Act').

(2.) According to the allegations in the FIR, on 28.4.2005, a raid was organised on receiving a secret information that the petitioner alongwith his servants were engaged in mixing of rice bran in Chilies, Haldi, Besan etc. and they were supplying the same to different shops. This secret information was recorded in the FIR and further proceedings were commenced. Crl.M.No.28806-M of 2005 2

(3.) Ground for quashing, put-forward on behalf of the petitioner, is that for the offence of food adulteration, procedure is prescribed under sections 10 and 11 of the PFA Act, for taking a sample and for getting the same tested. Separate procedure for trial has also been prescribed. In these circumstances, registering of FIR without following the procedure laid down in the special statute is not permissible in law.