NIRANJAN KUMAR SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Saurabh Shekhar assisted by Mr. Aman Dayal Singh, learned counsel for the petitioner and Mr. Devesh Krishna assisted by Mr. Faisal Allam, learned counsel for the State.

(2.) This petition has been filed for quashing the entire criminal case arising out of FIR being Mahagama P.S. Case No.222 of 2022, dtd. 3/11/2022, registered for the offences under Ss. 272, 273, 419 and 420 of the Indian Penal Code along with Sec. 52/59/63 of the Food Safety and Standard Act, 2006 (herein after to be referred to as the 'Act, 2006), pending in the court of the learned Judicial Magistrate, 1stClass, Godda. So far as prayer no.(ii) made in this petition with regard to direction to the respondents to release the entire food and edible items (including non-edible Mahuwa oil), Mr. Saurabh Shekhar, learned counsel for the petitioner is not pressing prayer no.(ii) in view of the order passed by the revisional court, whereby, the seized articles have been directed to be released in favour of the petitioner.

(3.) The FIR being Mahagama P.S. Case No.222 of 2022 has been lodged under Sec. 154 Cr.P.C. on 3/11/2022. The incident of offence has been noted as "Running of Factory of Oil Mill Illegally". The date of occurrence is 3/11/2022 and FIR has been registered at 16:00 hours. The place of occurrence has been noted as Mohanpur, Mahagama, in the district of Godda. The complainant in the case in Moeen Akhtar, son of Md. Yasir Ansari, who is appointed as Food Safety Officer. The FIR has been lodged against the petitioner, who is the sole proprietor of M/s. Sah and Sons Industries. The information has been registered by Sub-Inspector, namely, Rajendra Yadav, who is the I.O. of the present case, on the complaint lodged by the above Food Safety Officer. The prosecution case is that the Designated Officer-cum-Sub-Divisional Officer, Mahagama had passed an order dtd. 3/11/2022 according to which the petitioner has indulged in illegal processing of oil at his factory situated at Mahagama and the godown near St. Michael School at village Khadharamal was being illegally operated. The Food Safety Officer has conducted spot inspection of the allegations mentioned in the order dtd. 3/11/2022 passed by the Designated Officer, along with other officers like Executive Magistrate, Mahagama, Circle Officer, Mahagama and Sub-Divisional Officer, Mahagama at 16:00 hours on 3/11/2022. The raids were conducted at two places, i.e. the Oil Mill and the Godown, one after next, wherein the officers would find the set-up unit of Oil Mill in the back side rooms of the Oil Factory. Thereafter in the same unit, sacks of the Mahuwa seeds (Kochara) were found in stock. In the front room of the factory sealed and packed oil boxes, Chana Dal, Arhar Dal, Chawal, Besan etc. were found in the sacks. Thereafter, raid was conducted in the nearby godown, where the stock of Mahuwa seeds "Kochara" were found and further oil tanker bearing Registration No. BR-01GB-2845 was found there. In the first floor, the sacks of Chawal, Dal, Chana etc. were found kept. It was also found over there that Mahuwa seeds (Kochara) were stocked. The items found at both the places were seized and inspection-cum-seizure list was prepared. It was found that the petitioner, through its factory was engaged in processing the non-edible oil (including non-edible Mahuwa oil) and different brands of mustard oil tins were used to pack them, which is against the Rules of Food Safety and Standard Authority of India (FSSAI). These types of oil are bad for human consumption and can be fatal to human life. At the time of inspection, the petitioner/owner of the unit did not show up on repeated calls. Further no documents/papers were produced of the seized items. The inspection further disclosed that there was misbranding of food products like Chana, Chana Dal, Besan, Arhar Dal, where no manufacturing date, expiry date, batch number, manufacturing company was disclosed in the sack containing the food items. Huge stock of such items were found. For dealing in these products, appropriate license from Food Safety and Standard Authority of India is necessary, but the proprietor of M/s Sah and Sons Industries could not produce any such documents. It was alleged that the petitioner in conspiracy with his staffs is involved in fraudulent activities. Therefore, it was requested at the behest of the informant Food Safety Officer to register FIR and prosecution under the provisions of the Act, 2006 under Sec. 52/59/63 and under appropriate provisions of the Indian Penal Code.