PUSHPENDRA SINGH BHATI, J.

1. Petitioner has preferred this misc. petition under Section 482 of Cr.P.C for quashing of proceedings in Criminal Original Case No. 63/2011 pending before the Court of Chief Judicial Magistrate, Jaisalmer for the offence under Section 7/16 of Prevention of Food Adulteration Act, 1954.

2. At the outset, learned counsel for the petitioner states that the proceedings under the current law was not permissible as the Food Safety and Standard Act, 2006 came into force on 28.03.2008

3. Learned counsel for the petitioner has referred to the judgment of Pepsico India Holdings (Pvt.) Ltd. v. State of U.P Delivered by Hon'ble Allahabad High Court (Writ Petition No. 8254/2010 decided on 08.09.2010), relevant portion shown by the petitioner, reads as under:—

“44. In view of the aforesaid crystal clear legal proposition and particular provisions under the FSSA we are in agreement with the arguments advanced by the petitioner-s Counsel that for adulteration of food or misbranding, after coming into force of the provisions of FSSA vide notification dated 29th July, 2010, the authorities can take action only under the FSSA as it postulates an overriding effects over