SURESH CHAND GARG Vs. ANIL GUPTA

JUDGEMENT

(1.) This petition has been filed for quashing the proceedings of the complaint titled, 'State Through Food Inspector vs. Tapan Milk Products and ors.', pending before the court of learned Special Judicial Mobile Magistrate (Excise), Jammu (for short 'the trial court'), filed by respondent No. 3 against the petitioners and respondent Nos. 1 and 2 for commission of offences under Sec. 7(i), 7(ii) and 7(v) of Prevention of Food Adulteration Act, 1954 (for short 'the Act of 1954) and also order dtd. 29/1/2011 passed by the learned trial court, whereby the learned trial court after taking cognizance of the offences, has issued process against petitioners and respondent Nos. 1 and 2 for commission of offences under Sec. 7(i), 7(ii) and 7(v) of Act of 1954.

(2.) It is contended by the petitioners that the learned trial court has not realised that the Act of 1954 stood repealed and replaced by a new Act i.e. Food Safety and Standards Act (FSSA), 2006 (for short 'the Act of 2006') when the offence was allegedly committed on 1/12/2010. It is stated that the Government of India from time to time issued different notifications for enforcing the different provisions of the Act and finally the complete Act of 2006 was brought in force by the Government of India vide notification dtd. 29/7/2010.

(3.) Mr. Rahul Pant, learned Senior Counsel for the petitioners has submitted that in view of Sec. 89 of the Act of 2006, the proceedings initiated by respondent No. 3 were misconceived, as the Act of 1954 was not in operation at the time when the offences were allegedly committed by the petitioners and other accused.