LAWS(JHAR)-2023-2-168

SUMIT AGARWAL Vs. STATE OF JHARKHAND

Decided On February 13, 2023
Sumit Agarwal Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Instant petition has been filed for quashing the entire criminal prosecution including the F.I.R. in connection with Sukhdeonagar (Pandra O.P.) P.S. Case No.284 of 2022 under Ss. 188, 269, 270, 272, 328 of the Indian Penal Code and Ss. 30(2)(a) and 59(i) of the Food Safety and Standard Act and Sec. 51(B) of the Disaster Management Act.

(2.) The present case has been lodged by District Food Safety Officer, Ranchi. As per the prosecution case, as set out in the F.I.R., one truck was seized with huge quantity of Paan Masala and Tobacco. This petitioner is the owner of truck from which the prohibited items was seized.

(3.) The quashing petition has been filed mainly on the ground that mandatory provision of Sec. 42 of the Food Safety and Standard Act under which the prosecution can be lodged after inspection of the food by food analyst and after receiving sample from Food Safety Officer. The Designated Officer after scrutiny of the report of the Food Analyst shall decide as to whether the contravention is punishable with imprisonment or fine only and in the case of contravention punishable with imprisonment, he shall send his recommendation within 14 days to the Commissioner of Food Safety for sanctioning prosecution. The Commissioner of Food Safety after recording his satisfaction under Sub-sec. 4 can communicate the decision to the Designated Officer and the concerned Food Safety Officer shall launch prosecution.