Ritu Bahri, J. - (1.) PETITIONERS have invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for short 'the Code') praying for quashing of F.I.R. No. 33 dated 31.3.2011 u/s. 420/468/471 IPC registered at Police Station Divn. No. 1, Pathankot. The facts that are relevant for the purpose of this case are as follows:
(2.) THE firm of the petitioners namely M/s. J.B. Manga Rama is in existence for last more than 40 years. Kulwinder Kumar, SI along with his team had gone in his official vehicle bearing No. PB -06 -H -2365 in connection with patrolling and nakabandi. A special information was receiving that Jagdish Kumar @ Balla resident of Suraksha Colony, Shellyt Road, Near Gurkaratar Palace, Pathankot who has opened the confectionery shop in the name of M/s. J.B. Manga Ram in Dak Khana Chowk at Pathankot who used to sell the artificial deshi (local made) ghee at his shop and he manufactures this artificial deshi ghee in his old house in Mohala Ghartholi, Pathankot. A raid was conducted thereafter in the said house and samples were recovered of the artificial deshi ghee. Thereafter, an F.I.R. was got registered under Sections 420/467/468/471 IPC against the petitioners. The samples were deposited by SSP to Public Analyst Food Laboratory, Sector 11, Chandigarh on 20.4.2011, vide Annexure P2. The samples were returned on 21.4.2011 with the observation that the sample and seal is not on paper and the sample seal is also not available and the sample should be sent after serial wise numbering. Mr. Sanjeev Manrai, Advocate has referred to a judgment passed by this Court in a case of Shiv Kumar v. State of Punjab, 2009(1) FAC 238, to contend that Prevention of Food Adulteration Act, 1954 is a special statue code in itself, by adding Sections of IPC, police cannot made out its own case. It has its own set of authorities, which are authorized to conduct investigation, search, seizure and/or launch prosecution in respect thereof including enquiry in to the matter. If police alleges that the provision of Food Adulteration Act is violated then it was the authority of the Food Inspector alone and not the police officer to seize.
(3.) ON notice, a reply has been filed by DSP (HQ) Pathankot stating therein that F.I.R. No. 74 dated 15.5.2005 under Section 7 of the EC Act at Divn. No. 1, Pathankot has been lodged by the Food Supply and Consumer Affairs Department, Pathankot. As per the investigation made by the Police, the petitioners were involved in manufacturing and sale of adulterating desi ghee which is noxious for use of public at large.;