ORDER

Petitioner has filed this petition under Article 226 of the Constitution of India challenging FIR dated 12.01.2021, contained in Annexure P/1.

2. Police Station Seoni, District Seoni has registered offences under Sections 267, 270, 273 and 34 of Indian Penal Code and under Sections 26(2) (i) and 59 of Food Safety and Standards Act, 2006. Complainant i.e. Food Safety Officer filed complaint against Prakash Chourasia, Ramesh Tiwari and Kishore Sharma. As per FIR, Food Safety Officer, Seoni inspected Prakash Supari Center on 13.02.2020 and took samples of Pan Vilas Premium Pan Masala pack and Pan Vilas Raag and sent to State Food Testing Laboratory. Said samples failed testing and were found to be unsafe under Section 3(1)(22) (r) of Food Safety and Standards Act, 2006. Owner of Balaji enterprises namely Rakesh Tiwari and Manager of Godfrey Phillips India Limited namely Kishore Sharma were also made accused as products were being sold by said firms. Report was signed by Food Analyst, State Food Testing Laboratory dated 10.09.2020.

3. Learned Senior Counsel made a prayer for quashing and setting aside of FIR on grounds that Investigating Officer was not authorized as Food Safety Officer under Section 37(2) of Food Safety and Standards Act, procedure laid down in Section 42 of Food Safety and Standards Act was not followed, police had no authority and jurisdiction to investigate into the matter. FIR was lodged on basis of Food Analyst report. Sample of Pan-masala was manufactured & packed on 10.01.2020. Sample expired on 10.04.2020. Packaging label indicates best before date to be three months from date of packaging. Samples were analyzed on 06.06.2020 to 19.06.2020 and report prepared and signed on 10.09.2020. Petitioners' valuable right to get the samples re-analyzed by Central Food Laboratory is violated due to delay by prosecution. Therefore, FIR dated 12.01.2021 in connection with Crime No.41/2021 registered by Police Station-

Seoni District-Seoni be quashed.

4 . Learned Sr. Counsel appearing for petitioner further submitted that offences under Section 269, 270, 273 & 34 of IPC is not made out. No act was done by petitioners knowingly or with reason to believe that article in question will spread infection or any disease dangerous to life. It is further submitted that pan-masala has not been rendered noxious and was not unfit for consumption as food or drink. Analysis was done after lapse of 'best before date of three months'. It is also submitted that prosecution under Food Safety and Security Act, 2006 can be launched only in accordance with Section 42 of Act. Said Act provides that sanction may be taken from Commissioner of Food Safety. Commissioner of Food Safety shall communicate his decision to designated officer, who shall launch prosecution before Court of ordinary jurisdiction or Special Court. In view of aforesaid facts and grounds raised in petition, counsel appearing for petitioner made a prayer for discharging the petitioner.

5. Govt. Advocate appearing for State opposed the prayer and relied on circular issued by State Govt. dated 09.11.2020, wherein directions were issued to all Collectors of Districts and Superintendent of Police to start campaign to end adulteration of food products. In said circular, direction was issued that in case of adulteration, offences under Indian Penal Code may also be registered against the offender and FIR shall also be registered. It is submitted that action has been taken by respondents in accordance with law and circular of State Govt. As per report of Food Analyst, pan-masala was unfit for human consumption. Reliance was also placed on notification dated 04.08.2011 by which, Shri Pankaj Kumar Ghanghre was notified to be Food Security Officer. In view of same, prayer is made for dismissal of writ petition.

6. Heard learned counsel for parties.

7. Prosecution is to be launched under Food Safety and Security Act in accordance with Section 42 of the Act. Se