Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.574 of 2012 ====================================================== Jugeshwar Prasad S/O Vishun Ram Resident Of Village- Dhanwan, Police Station- Bodh Gaya, Dist.- Gaya. .... .... Petitioner Versus 1. The State Of Bihar 2. The Commissioner Of Food Safety Cum Secretary Health Department Govt. Of Bihar Patna. 3. The District Magistrate Gaya 4. The Senior Superintendent Of Police Gaya 5. The Officer- In- Charge Bodh Gaya Police Station 6. The Food Safety Officer Civil Surgeon Office, Gaya .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 02-11-2012 The petitioner has been made accused in Bodh Gaya P.S.Case No.258 of 2011 dated 08.12.2011 registered for the offence punishable under [STATUTE] as well as Sections 63 and 59 of the Food Safety and Standards Act, 2006. It is contended that a Tata vehicle bearing registration no.BR-2/7721, belonging to the petitioner, has illegally been seized by the respondents on 08.12.2011. In the present writ petition, a prayer has been made for issuance of an appropriate writ directing the respondents to release the aforesaid vehicle. In course of argument, learned counsel for the petitioner fairly concedes that an application for release of the vehicle in question has already been filed in the court below on Patna High Court CR. WJC No.574 of 2012 (2) dt.02-11-2012 2 19.03.2012 and despite lapse of over seven months the application for release of the vehicle has not been disposed of by the court below. In view of the submissions made, I am of the considered opinion that there cannot be two parallel proceedings for the same cause of action, one before the Magistrate concerned and the other before this Court. However, I am also of the view that the release petition cannot be kept pending for an indefinite period. I, accordingly, direct the Sub Divisional Judicial Magistrate, Gaya, before whom the matter is pending, to dispose of the application filed on behalf of the petitioner for release of the aforesaid vehicle within two months from the date of receipt/production of a copy of this order. The order may be communicated through fax at the cost of the petitioner. With these observations, the writ petition is disposed of. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 272

Statute Text:
Section 272 of the Indian Penal Code. Adulterating food or drink intended for sale, so as to make the same noxious. Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.