JUDGMENT :

SUBHENDU SAMANTA, J.

1. All the three revisions are taken up for passing decision as a common question of law is involved. All the three criminal revisional applications are preferred for quashing three criminal proceeding pending before the Learned Jurisdictional Magistrate concerned. The criminal proceeding was initiated in all the three cases u/s 272/273/420/120B of IPC.

2. In all the three cases a huge quantity of alleged adulterated and spurious food items was seized from the possession of the petitioners. In all the three cases, the investigation is being conducted by the police.

3. Apart from the factual deviation of the three separate cases the law involved under challenge herein appears to me same:

Point No. 1.

Whether the police constituted under Police Act, not being a Food Safety Officer under the Special Act namely Food Safety and Standard Act 2006 is empowered to investigate into the case?

Point No. 2.

Whether a FIR can be registered u/s 272/273 of the IPC without an order of Magistrate u/s 155(2) Cr.P.C. regard being had to the fact that the offence u/s 272/273 IPC are non-congnizable in nature.

4. Both the points are taken up together: It is argued that on behalf