Neutral Citation No. - 2021:AHC-LKO:24307 A.F.R.

Court No. - 11 Case :- U/S 482/378/407 No. - 5605 of 2021 Applicant :- Satyendra Kesharwani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home.

Lko & Another Counsel for Applicant :- Virendra Kumar Tripathi,Alok Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.

(Oral)

(1) Heard the learned counsel for the parties and perused the record.

(2) This petition has been filed for the following main prayer:-

" Wherefore, It is most respectfully prayed that Hon'ble Court may kindly be pleased to:

(a) To quash the charge sheet filed by I. O. against the petitioner in case Case Crime No. 551 of 2019, Under Sections 420, 272, 273 I.P.C. Police Station : Maharajganj, District: Raibareily, Which is annexed as Annexure No. 7."

(3) It has been submitted by the learned counsel for the petitioner that the petitioner had earlier filed a Petition No. 415 (M/B) of 2020 challenging the FIR which has been dismissed as infructuous by this Court on 07.12.2021 as Charge sheet has been filed against the petitioner by the opposite party no.2 i.e. Station House Officer, Police Station Maharajganj, District Rae Bareli. In the FIR it was alleged that the Station House Officer has apprehended several persons involved in adulteration of cumin seeds (Jeera) on the basis of information received from informer in Maharajganj Qasba. Several persons including the petitioner was made accused as in the Godown several bags of broom seeds (Phool Jhadoo) were found to have been mixed with cumin seeds.

(4) It has been submitted by the learned counsel for the petitioner that the Investigating Officer did not conduct a proper investigation and submitted Charge-sheet. The learned Trial Court without application of judicial mind has taken cognizance and issued summoning order. It has been submitted that the FIR has been filed under Sections 272, 273 of the IPC whereas the cases of adulteration are now governed by Special Act that is the Food Safety Act. The Investigating Officer recorded the statement of the Incharge Chief Food Safety Officer, Rae Bareli, and his subordinates who were working as Food Safety Officer that they had accompanied the police personnel on the raid conducted on the Godown where 150 bags of broom seeds (Fake cumin seeds) approximately 75 quintals of Jeera mixed with Phool Jhadoo seeds were found. The Phool Jhadoo seeds/Jhadoo seeds were found noxious for human consumption as per the report of the Public Analyst Laboratory, U.P., Lucknow under Sections 3.1 (ZZ) (xi) of Food Safety and Standard Act, 2006. The Charge sheet having been submitted wrongly under various sections of the IPC. The cognizance was initiated and the summoning order issued without application of mind.

(5) Learned counsel for the petitioner has placed reliance upon the Division Bench judgment of this Court in Writ Petition No.8254 (M/B) of 2010 [M/s Pepsico India Holdings (Pvt) Limited and Another Vs. State of U.P. and Others] and connected matters all filed by Pepsico India Holdings, the petitioner therein had questioned the validity of the Government Order dated 11.05.2010 directing the Police to register cases or initiate action under Sections 272/273 IPC and one of the grounds taken was that after coming into force of the Food Safety and Standard Act, 2009 action could be taken only under the Special Act, in case of any offence relating to adulteration /mis-branding of food articles. The Division Bench has considered Section 89 of the Food Safety and Standard Act which gave overriding effect to the Act over other food related laws, and Section 97 of the Act which sought to repeal other food laws in case of the offences specified in the Second schedule of the Act immediately with effect from the date of which the Act came into force. Sub Section (4) thereof stated that notwithstanding anything contained in any other law for the time being in force, no Court shall take cognizance of an offence under the repe