Advocates:
['VISHAL SHARMA', '', 'MAHIPAL SINGH CHARAN', 'PP']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 545/2020

Amluya Anand S/o Shri Anmol Kumar, Aged About 24 Years, By

Caste Brahmin, Resident Of Damuchak, North Side Of Civil Sdo

Residence, Mujjafarpur (Bihar), At Present Manesar, Gurgaon

(Haryana).

----Petitioner

Versus

State, Through Vinod Sharma, Food Safety Officer (Designated

Officer Food Safety), Office Of Chief Medical And Health Office,

Nagaur.

----Respondent

For Petitioner(s)

:

Mr. Vishal Sharma

For Respondent(s)

:

Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

O R D E R

Date of Pronouncement :-

08

/03/2022

Order Reserved on

:-

17/02/2022

The instant misc. petition has been filed by the petitioner

herein seeking quashing of orders dated 07.04.2015 &

24.01.2020 whereby the learned ACJM, Merta took cognizance

against the petitioner and dismissed the application filed by the

petitioner under Section 468 Cr.P.C. read with Section 77 of the

Food Safety and Standards Act, 2006 (hereinafter referred to as

‘the Act of 2006’) and to quash the entire proceedings of the

criminal case No.145/2015 instituted against the petitioner in the

said court.

(2 of 7)

[CRLMP-545/2020]

Briefly stated the facts relevant and essential for disposal of

the misc. petition are noted hereinbelow:-

On 24.10.2011, the Food Safety Officer-cum-CMHO, Nagaur

reached Swastik Milk Chilling Centre, Devgarh Road, Thanwla

District Nagaur associated with Amul Dairy, Mehsana. The

petitioner herein was present at the centre as a representative of

the Amul Dairy. The Food Safety Officer, collected samples of

mixed milk from the chilling tank installed in the unit after

following the procedure under the Food Safety and Standards Act,

2006 and Rules framed thereunder. One part of the sample was

deposited with the Food Analyst, Jodhpur from where, a report

dated 03.11.2011 was received to the effect that the sample of

the mixed milk was substandard. Copy of the report was sent to

the chilling centre. The petitioner requested for re-examination of

the second part of the sample through the Referral Food

Laboratory, Ghaziabad from where a report dated 10.09.2012 was

received regarding the sample being unsafe. The Food Safety

Officer thereafter, procured sanction for prosecution from the Joint

Director, Medical and Health Services Zone, Ajmer who granted

permission to launch the prosecution vide authority letter dated

11.04.2014. The complaint came to be filed in the court of Chief

Judicial Magistrate, Nagaur on 12.09.2014. However, as the said

court lacked jurisdiction to entertain the complaint, it was

returned to the Food Safety Officer and came to be presented

afresh on 07.04.2015 in the court of ACJM, Merta. On the same

day, the learned trial court proceeded to take cognizance against

the petitioner and the other accused persons for the offences

punishable under Sections 26(2)(i) and 59 of the F.S.S. Act and

summoned them for trial.

(3 of 7)

[CRLMP-545/2020]

The petitioner upon appearance, filed an application dated

06.11.2017 seeking re-examination of the preserved sample

through the Central Food Laboratory. The Food Safety Officer filed

reply to the said application with an assertion that the second

sample had already been examined through the Referral Food

Laboratory, Ghaziabad and the report thereof was final and

accordingly, the prayer for re-examination of the sample through

the Central Food Laboratory could not be acceded to. Before any

order could be passed by the trial court on the said application of

the petitioner, another application came to be filed on his behalf

under Section 77 read with Section 26 (2)(i) and 59 of the Act of

2006 and Section 468 Cr.P.C. for dropping of the proceedings. The

said application came to be dismissed by order dated 24.01.2020.

The petitioner has approached this Court through this petiti