CRR-3066-2016 (VINOD KESHARWANI Vs THE STATE OF MADHYA PRADESH) 16-12-2016
Shri Sharad Verma, learned counsels for the petitioner.
Shri A.R.S. Chouhan, learned Panel Lawyer for respondent/State.
This revision has been preferred under Section 397 read with Section 401 of Cr.P.C. assailing order dated 26/10/2016 passed by the JMFC, Jabalpur in R.C.T. No.2909389/2011, whereby charge has been framed cases under Section 16(1)(A)(ii) of Prevention of Food Adulteration Act, 1954. The main contention of the petitioner is that Food Safety and Standard Act, 2006 has come into force in the year 2006. Offence has been allegedly committed on 23/02/2011. Therefore, charge should have been framed under Safety and Standard Act, 2006 and not under the Food Adulteration Act, 1954.
Learned Panel Lawyer for the respondent/State has agreed with the aforesaid proposition.
On perusal of the record, it is found that the charge has been framed on 26/10/2016 for offence under Section 16(1)(A)(ii) of Prevention of Food Adulteration Act, 1954. It is an irregularity. Food and Standard Act, 2006 has come into existence on 23/08/2006.
That being so, learned trial Court erred in framing charge under the Food Adulteration Act, 1954, therefore, order dated 26/10/2016 whereby charge has been framed by the learned JMFC is set aside. It is directed that the learned trial Court would take appropriate actions in this regard.
(SUSHIL KUMAR PALO) JUDGE RS