2018 (10) TMI 2065

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.... No 320/2014 and which is filed for offences punishable under sections 273, 188, 328, 34 of Indian Penal Code and also for offences punishable under sections 30 (2) (A), 26 (2) (iv), 27 (1), 3 (1) (zz) (v) and 59 of Food Safety and Standards Act, 2006. The second proceeding bearing Criminal Application No. 4214/2016 is filed for relief of quashing of proceeding bearing S.C.C. No. 12/2014 which is also pending in the Court of J.M.F.C., Aurangabad and which is filed as a private complaint by Food Safety Officer for offences under Regulation 3.1.7 (1) of Food Safety and Standards (Substance added to food) and Regulation 2011, read with section 26 (2) (I), section 26 (2) (iv), section 27 (3) (e), section 30 (2)(a) r/w. Section 3 (1) (zz) (v) an....

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....so the same. 3. The learned counsel for applicants in both the proceedings made following submissions :- (i) When there are the provisions to cover such offences in Food Safety and Standards Act 2006 and Rules framed thereunder, police ought not to have register the crime. (ii) The offences punishable under sections 328, 272, 273 of IPC are not made out due to allegations and so, police ought not to have taken cognizance. However, it is admitted that there was the order issued by the Government and the provision of section 188 of IPC could have been used. (iii) The provisions of aforesaid Special Enactment with regard to sending copy of report to Commissioner etc. were not strictly followed, so J.M.F.C. ought n....

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....present case also is not acceptable. This provision shows that whoever administers to or causes to be taken by any person anything which is likely to cause hurt then he can be punished under provision of section 328 of IPC. Specific person to whom the thing is administered or the specific incident in which it was caused to be taken need not be mentioned in the case like present one. The persons who are indulging in to illegal activity like possessing and selling the substances which are likely to cause hurt are covered by the provision of section 328 of IPC. This point was dealt with by this Court in Criminal Application No. 560/2013 [Manik More Vs. State and others). How these substances are injuries to health is considered by this Court w....