DEEP SHANKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) This petition has been filed for quashing the order dated 17.05.2013 passed by learned Chief Judicial Magistrate Madhubani in Madhubani Town P.S. Case No. 401 of 2012 (corresponding to Tr. No. 4590 of 2013) whereby he has taken cognizance for offence under Sections 419, 420, 269, 272 and 273 of the Indian Penal Code read with Sections 50/56 of the Food Safety and Standards Act, 2006 and Section 16(i) A A of the Prevention of Food Adulteration Act, 1954 against the petitioners.

(3.) Learned counsel for the petitioners has submitted that petitioners were running sweet shop in the name of Amrapali Sweets famous for quality sweets. In the month of December 2012, some constables came in their shop and made a demand of free sweets which was refused by the sales staff of the shop on account of which the instant case has been filed as the Police officials asked the Food Safety Officer to raid the premises of the petitioners and initiate action against them. In the written report, it is mentioned that during inspection of the shop of informant by Food Safety Officer some sweets of Khoa and chena were found with fungus and smell. The inspecting team destroyed total about 70 kgs of the sweets and took sample of 125 grams for laboratory test. Some strawberry and chocolate flavour sweets were also found, which were found to have expired.