SATISH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present Writ application has been filed for quashing of Sultanganj P. S. Case No. 227 of 2005 dated 17. 6. 2005 instituted for alleged violation of the provisions of Prevention of Food Adulteration Act, 1954 and Drugs and Cosmetics Act, 1940 as also under Section 420 and other section of Indian Penal Code.

(2.) THE State has filed a counter affidavit. Parties have been heard and with their consent it is being disposed of at the admission stage itself.

(3.) ON behalf of the petitioner it is submitted that he was manufacturing protein food supplements under licence duly issued by the Food Controller under the provisions of Prevention of Food Adulteration Act. His premises were unauthorisedly and illegally searched by the Sub-Inspector of Police, sultanganj Police Station, which led to the institution of the present case on the allegation that the petitioner was found manufacturing drugs without proper licence and/or authorisation. As the petitioner was manufacturing food articles for which they had licence, it was alleged that provisions of Prevention of Food adulteration Act was also violated.