LAWS(JHAR)-2022-7-15

CHHAKAN LAL SAW Vs. STATE OF JHARKHAND

Decided On July 08, 2022
Chhakan Lal Saw Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard Mr. Nilesh Kumar, learned counsel for the petitioner and Mr. Prabhu Dayal Agrawal, learned counsel for the State.

(2.) This petition has been filed for quashing the entire criminal proceedings pending as against the petitioner including the order dtd. 1/10/2020 by which cognizance has been taken against the petitioner for the offence under Ss. 273, 406, 420 of the Indian Penal Code, Sec. 16 of Prevention of Food Adulteration Act and Ss. 50, 52, 58 and 59 of the Food Safety and Standard Act, 2006 (herein after to be read as "the Act, 2006) in connection with Chowka P.S. Case No.20/2020, pending in the court of the learned S.D.J.M., Seraikella.

(3.) On the written report of the Food Safety Officer, Seraikella Kharsawan, the case was lodged wherein it was alleged that on 4/5/2020 the grocery shop of this petitioner was inspected and from the shop of this petitioner, one packet of Lal Ghora special sattu manufactured by Sai Flour Mill, Jamshedpur has been seized, but in the said packet there was neither batch number nor the date of manufacture. On query, it was disclosed that about 15 days back one person sold those Sattu to the petitioner for sale of the packet of 250 Grams each and other articles have been disposed/sold, as such, in absence of any batch number and manufacturing date the informant has made allegation that the petitioner related with the allegation of misbranding and requested to institute a case against this petitioner.