SHIB SADHAN SADHU,J. - (1.) Heard the learned Counsel appearing for both the petitioners as well as State.
(2.) This is an application for quashing of the proceedings of G.R. Case No. 682 of 2014 arising out of Bhaktinagar Police Station Case No. 239 of 2014 dated 14th February, 2014 under Section 272/273 of the Indian Penal Code pending before the Court of learned Chief Judicial Magistrate at Jalpaiguri.
(3.) Learned Counsel appearing for the petitioners submits that initiation of the proceedings at the instance of police alleging offences punishable under Section 272/273 of the Indian Penal Code is illegal and without jurisdiction in view of the provisions of the Food Safety and Standards Act, 2006. He further submits that as per the provisions laid down under Section 41 of the said Act only the Food Safety Officer may search any place, seize any article of food or adulterant, if there is a reasonable doubt about commission of any offence relating to food and shall thereafter inform the Officer of the actions taken by him in writing. He further submits that Section 42 of the said Act has empowered the Food Safety Officer for inspection of food business, drawing samples and sending them to Food Analyst for analysis and the Designated Officer after scrutiny of the report of the Food Analyst shall decide as to whether the contravention is punishable with imprisonment or fine only and in the case of contravention is punishable with imprisonment, he shall recommend to the Commissioner of Food Safety for sanction of prosecution and the Commissioner of Food Safety shall decide whether the matter be referred to the Court of ordinary jurisdiction if the offence is punishable with imprisonment for a term upto three years or a Special Court when the offence is punishable with imprisonment for more than three years.;