VISHRAM RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT criminal miscellaneous petition has been filed for quashing FIR No.109/2010, registered at Police Station Thanwala (District Nagaur) for allegedly committing offences under Sections 420 and 272, I.P.C., read with Secvtions 52, 53A, 63 and 68 of the Copy Rights Act and Section 7/16 of the Prevention of Food Adulteration Act, 1954.

(2.) LEARNED counsel for the petitioner is challenging the said FIR on the ground that no FIR can be registered under Sections 7/16 and 17 of the Prevention of Food Adulteration Act upon the complaint filed by the Enforcement Inspector of the Supplies Department. Such FIR can be filed by the Food Inspector only and as per Section 11 of the Preveniton of Food Adulteration Act, 1954. The said Food Inspector is required to follow the procedure for taking sample of the food article for analysis and, after analysis, if it is found that the commodity is adulterated, then, cognizance can be taken under Section 20 of the Act of 1954; but, here in this case, the FIR has been registered upon the complaint made by the Enforcement Inspector of the Supplies Department which is totally illegal. LEARNED counsel for the petitioner placed heavy reliance upon the judgment of the Patna High Court reported in 1992 Crl. L.J. 2311, Yamuna Sah & others vs. State of Bihar.