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2013 Supreme(MP) 835

M.C.GARG
Prahlad Raghuvanshi Alias Raja – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Appearances :Mr. H.S. Dubey , Mr. M.K. Gontia, Advocates for the Petitioners
Mr. Akshay Namdeo, Panel Lawyer for the Respondent/State.

JUDGMENT :

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



















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