The central legal point established in the judgment is the interpretation of the powers of search, seizure, investigation, and prosecution under the Food Safety and Standards Act, 2006, and the jurisdiction of the Police in carrying out these actions.

This petition under Section 482, Cr.PC has been filed by the petitioners being aggrieved by registration of criminal case against them under Sections 26 (2) (i), (iv) and (v) of the Food Safety and Standards Act, 2006 for which an FIR was registered against the petitioner on the information of one Inspector Naresh Sharma of Police Station, Kotwali, Mandla, who also conducted some search and took possession of 460 cartons containing Rajshree Gutka having Tobacco alleging that offence under Sections 269, 273, 188/34 of IPC and Section 26 (2) (i), (iv) and (v) of the Food Safety and Standards Act, 2006 is made out against the petitioners. On that basis, even a challan was filed before the Court of CJM, Mandla. The petitioners summoned by that Court and they have appeared in that Court. The said case was registered as Criminal Case No. 3595/2012.

2. According to learned Counsel for the petitioners, registration of FIR, at the instance of Police Inspector, in this matter, is bad in law inasmuch as, no FIR under the Food Safety and Standards Act, 2006 can be registered at the instance of the Police after coming into force of the notification making Act applicable in the State of Madhya Pradesh which has been issued on 31-7-2009, in the light of Sections 41 and 42 of the said Act, which read as under :-

"41. Power of search, seizure, investigation, prosecution and procedure thereof. - (1) Notwithstanding anything contained in sub-section (2) of Section 31, the Food Safety Officer may search any place, seize any article of food or adulterant, if there is a reasonable doubt about them being involved in commission of any offence relating to food and shall thereafter inform the Designated Officer of the actions taken by him in writing :

Provided that no search shall be deemed to be irregular by reason only of the fact that witnesses for the search are not inhabitants of the locality in which the place searched is situated.

(2) Save as in this Act otherwise expressly provided, provisions of the Code of Criminal Procedure, 1973 relating to search, seizure, summon, investigation and prosecution, shall apply, as far as may be, to all action taken by the Food Safety Officer under this Act.

42. Procedure for launching prosecution.- (1) The Food Safety Officer shall be responsible for inspection of food business, drawing samples and sending them to Food Analyst for analysis.

(2) The Food Analyst after receiving the sample from the Food Safety Officer shall analyse the sample and send the analysis report mentioning method of sampling and analysis within fourteen days to Designated Officer with a copy to Commissioner of Food Safety.

(3) The Designated Officer after scrutiny of the report of 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 recommendations within fourteen days to the Commissioner of Food Safety for sanctioning prosecution.

(4) The Commissioner of Food Safety shall, if he so deems fit decide, within the period prescribed by the Central Government, as per the gravity of offence, whether the matter be referred to,-

(a) a Court of ordinary jurisdiction in case of offences punishable with imprisonment for a term up to three years; or

(b) a Special Court in case of offences punishable with imprisonment for a term exceeding three years where such Special Court is established and in case no Special Court is established, such cases shall be tried by a Court of ordinary jurisdiction.

(5) The Commissioner of Food Safety shall communicate his decision to the Designated Officer and the concerned Food Safety Officer who shall launch prosecution before Courts of ordinary jurisdiction or Special Court, as the case may be; and such communication shall also be sent to the purchaser if the sample was taken under Section 40."

3. It is submitted that the provisions of the aforesaid Act specifically provide that for the pu