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IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD24 CRIMINAL APPLICATION NO.2290 OF 2023Hemant Subhash Teke,Age 52 yrs., Occ. Business,R/o Tekewada, Akluj,Tq. Malshiras, Dist. Solapur. … Applicant… Versus …1The State of MaharashtraThrough Police Inspector,Police Station, Shrigonda,Tq. Shrigonda, Dist. Ahmednagar. 2Food Safety & Standards Authorityof India,Through Food Safety Officer,Ahmednagar. … Respondents...Mr. Sohail Subhedar, Advocate h/f Mr. N.S. Ghanekar, Advocate for applicantMrs. R.P. Gour, APP for respondent Nos.1 and 2...CORAM :SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.DATE :25th JUNE, 2025ORDER : ( PER : SMT. VIBHA KANKANWADI, J. )1Present application has been filed under Section 482 of the Code 224_Cri.Appln_2290_2023of Criminal Procedure, 1973 for quashment of the proceedings in RegularCriminal Case No.193/2023 pending before learned Judicial Magistrate FirstClass, Shrigonda, Tq. Shrigonda, Dist. Ahmednagar, arising out of FirstInformation Report vide Crime No.303/2023 dated 17.03.2023 registeredwith Police Station, Shrigonda, for the offence punishable under Sections272, 273, 328, 420, 201 read with Section 34 of the Indian Penal Code, 1860and under Sections 26, 26(2)(i) and 59 of the Food Safety and Standards Act,2006. 2Heard learned Advocate Mr. Sohail Subhedar holding for learnedAdvocate Mr. N.S. Ghanekar for applicant and learned APP Mrs. R.P. Gour forrespondent Nos.1 and 2. Perused the documents in the charge sheet. 3First Information Report has been lodged by Mr. Umesh RajendraSuryawanshi, who is the Food Safety Officer, Ahmednagar. He states that hehad received secret information and, therefore, conducted raid on16.03.2023 with the panchas on the house of one Balasaheb BaburaoPachpute. He found 21 kg. Whey Permeate Powder in a bag having capacityof 25 kg. and plastic can of 40 litre, in which 35 litres of Light Liquid Paraffinwas stored. He also found a Mahindra Pickup vehicle bearing registrationNo.MH 16/AY-1434 outside the house of Balasaheb Pachpute, in which 15plastic drum/can of 40 litres, in which milk like substance was there. All the 324_Cri.Appln_2290_2023material was seized and it is stated that with the help of Whey PermeatePowder and Light Liquid Paraffin artificial milk was prepared which was thenadulterated in cows milk and it was for sale to general public. When inquirywas made with Balasaheb Pachpute as to from whom the material waspurchased, he told that he used to bring the material from one SandipMakhre. It is then stated that by taking requisite samples the rest of thematerial was destroyed at the spot and then he says that accused BalasahebBaburao Pachpute has committed offence under Sections 26(1), 26(2)(i)punishable under Section 59 of the Food Safety and Standards Act, 2006 andunder Sections 272, 273, 328, 420 of the Indian Penal Code, 1860. LearnedAdvocate for applicant submits that present applicant has been arrayed as anaccused No.16 and the allegations in respect of applicant are that he has soldWhey Permeate Powder to accused Nos.2 and 11 when accused Nos.2 and 11were not holding any kind of licence and that the applicant was knowing thatthose two persons were preparing adulterated milk. There is nothing in thecharge sheet to show that present applicant was aware about the fact thataccused Nos.2 and 11 were selling adulterated milk. At the most, theallegations against him are in respect of violation of Sections of Food Safetyand Standards Act, for which there should be a complaint by the Food SafetyOfficer and there cannot be a First Information Report. Present applicantcannot be tried along with main accused who was allegedly found with 424_Cri.Appln_2290_2023adulterated milk. Accused No.2 is Sandip Sambhaji Makhre and accusedNo.11 is Kailas Babaji Lalge. These two persons were not present when theraid was conducted. Now, certain receipts have been produced along withcharge sheet to show the transaction, however, if the applicant intended tocommit an offence, he would not have given the receipt. In fact, even theCGST as well as SGST has also then recovered/charged in those bills. Thereis no recovery of any article from applicant. Section 328 of the Indian PenalCode has been unnecessarily invoked to amplify the gravity of the offenceand, therefore, with this material the applicant cannot be asked to face thetrial. 4Per contra, learned APP strongly opposed the application andsubmits that adulteration of milk is a serious offence and there arestatements of witnesses who have stated that they suffered illness due toconsumption of adulterated milk. The raid that was conducted on the houseof Balasaheb Baburao Pachpute cannot be denied by present applicant, butthe chain that has been tried to be established by prosecution is required tobe considered. Original accused No.1 was purchasing said raw material forpreparation of adulterated milk from original accused No.2 and originalaccused No.2 has stated that he purchased Whey Permeate Powder frompresent applicant. Same is the case with accused No.11. Huge amount of 524_Cri.Appln_2290_2023Whey Permeate Powder has been sold by present applicant to accused Nos.2and 11, who were not holding appropriate licence and, therefore, all theaccused are liable to be tried together. 5As it appears from First Information Report that police had nottaken part in the raid. Of course, the informant has power in law to conductraid and make seizures. The raid was conducted on the house of BalasahebBaburao Pachpute. First Information Report is also against him alone. Now,it is to be noted that said accused No.1 had taken the name of accused No.2i.e. the person from whom he is purchasing the Whey Permeate Powder andLight Liquid Paraffin. We do not want to make a comment regarding the roleand the evidence that is there as against original accused No.2, but the factremains is that Investigating Officer appears to have tried to reach andestablish the chain. However, the fact is now then required to be consideredis that the present applicant runs the business under the licenced nameHemant Corporation bearing registration No.11521041000710. The saidlicence was issued on 05.07.2021 and is valid up to 04.07.2026. The saidlicence is in respect of Whey Permeate Powder. The applicant says that he isnot dealing with Light Liquid Paraffin and, therefore, there is no question ofinvoking Section 328 of the Indian Penal Code against him. It is stated thatthe licence of dairy products and analogues excluding products of food 624_Cri.Appln_2290_2023category 2.0 has been mentioned in the licence. The receipts produced showthat even GST has been recovered. That means, even accused No.2 has alsoregistered himself for GST. Now, as regards the excess or transaction withoutlicence is concerned, there is no evidence. It should be seen that GST is inrespect of which products. No clarification has been given in the chargesheet. Licence number i.e. FSSAI of the company of accused No.2 i.e.‘Siddhant Milk and Milk Products’ has been given in the receipt. 6If there is violation of provisions of Food Safety and StandardsAct, then there can be only a complaint, that too, of the concerned officer.There is no scope for First Information Report under Section 154 of the Codeof Criminal Procedure there. Here, in the present case, prosecution has notplaced on record any such document that food relate to the stock which wasseized from original accused No.1 was purchased from original accused No.2,who had purchased it from present applicant – original accused No.16. Thatchain is not established to cover the offences under the Indian Penal Code.Therefore, it would be an abuse of process of law if the applicant is asked toface the trial along with other accused persons. Hence, following order. ORDERi)Criminal Application stands allowed. 724_Cri.Appln_2290_2023ii)The proceedings in Regular Criminal Case No.193/2023 pendingbefore learned Judicial Magistrate First Class, Shrigonda, Tq. Shrigonda, Dist.Ahmednagar arising out of First Information Report vide Crime No.303/2023dated 17.03.2023 registered with Police Station, Shrigonda, for the offencepunishable under Sections 272, 273, 328, 420, 201 read with Section 34 ofthe Indian Penal Code, 1860 and under Sections 26, 26(2)(i) and 59 of theFood Safety and Standards Act, 2006, stands quashed and set aside as againstapplicant Hemant Subhash Teke. ( SANJAY A. DESHMUKH, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd