Vimlesh Kumar Shukla, J. - (1.) TONI s/o Anup Singh and Ajai s/o Ramvir are before this Court with the request to quash the FIR dated 11.09.2015 registered as Case Crime No. 0353 of 2015 under Sections 60, 72 Excise Act and Sections 272, 273 IPC, P.S. Charthawal, District Muzaffar Nagar.
(2.) BRIEF background of the case is that Sub -Inspector of U.P. Police - Raj Kumar Singh lodged First Information Report on 11.09.2013 at 6:30 hours mentioning therein that while the members of law enforcing agency were on routine petrol duty, on a tip off given by the informant that the petitioners have brought illicit liquor from Haryana in Chhota Hathi Vehicle and were engaged in adulterating the same with some intoxicant in the jungle situated at Village Chimau behind Shiv Mandir. At the said point of time, Excise Inspector and his associates also came and confirmed the information and both the teams raided the said place and found that the accused persons were engaged in illegal activities. On the spot one Tata Super S. No. HR 58A 5423 with 69 boxes with 628 bottles of country liquor in the name of Santra NV Distille Ries Ltd. Ambala Haryana was confiscated. Besides this one motorcycle and one plastic bag and other things were recovered. Based on the said raid that has been so conducted, present FIR in question has been lodged and same has impelled the petitioners to be before this Court. Shri Ashish Mishra, counsel for the petitioners submitted with vehemence that once adulteration in question is being made in food stuff, then the entire activity of petitioners is covered by Special Act i.e. Food Safety and Standard Act, 2006 and authorities can take action only under aforementioned Special Act as it postulates an overriding effect over all other food related laws including the F.A. Act and accordingly, invocation of Section 272 and 273 of the Indian Penal Code in matter relating to adulteration is unjustifiable and accordingly, this Court should come to the rescue and reprieve of the petitioners.
(3.) FROM the side of the State, learned A.G.A. has contended that this is a glaring case wherein liquor in question has been smuggled from the State of Haryana and thereafter the liquor in question was being adulterated for being further sold and in view of this, the arguments that have been so advanced that action could have been taken under Food Safety and Standard Act, 2006 is wholly unjustifiable and once clear cut cognizable offence is disclosed from the reading of FIR, then to say that no offence has been committed is too far fetched.;