1 Cri.Appln.No.560/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.560/2011. Somnath s/o Dagduji Bale Age:56 Yrs., occu. Agril. r/o Khas Bag, Khadkat Road, Ashti, Tq. Ashti, Dist.Beed. - APPLICANT VERSUS 1) The State of Maharashtra Through the Police Inspector, Ashti Police Station, Ashti, Tq. Ashti, District Beed. 2) The Pro.Police Sub Inspector, Ashti Police Station, Ashti, Tq. Ashti, District Beed. - RESPONDENTS ***** Mr.Rajendra Deshmukh, Advocate for Applicant; Mr.SB Pulkundwar, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 20th June, 2011. PER COURT : 1) Heard extensively. Rule made returnable forthwith by consent of parties. 2) The accused/applicant has urged to quash the prosecution in terms of FIR dated 8.10.2010, 2 Cri.Appln.No.560/2011 vide Crime No.127/2010, registered with Ashti police Station District Beed, for offences under Sections 120(B), 272 328, 420 of IPC and under Sections 5, 7, 12(A) of the Prevention of Food Adulteration Act, 1954, initiated by Respondent No.2, a probationary police sub-inspector, of Ashti police Station. 3) On 8.10.2010, the police officer raided the residential premises of the applicant/accused in the early hours and skimmed milk powder bags were found stacked in the premises along with sodium hydroxide and Turant (ultimate product milk fat testing by EMT). 4) The contention that there is infraction of above referred penal provisions, reading the FIR from any angle does not surface. The possession of the skimmed milk powder at the residential premises, is not banned under the law nor a specific license for possessing the same is warranted. The sodium Hydroxide and Turant (ultimate product milk fat testing by EMT) does not require any license or permission. It is indeed a supplement to increase the fats in the milk. Seizure of eight bags of each 25 kgs. of the skimmed milk powder, three bottles of sodium Hydroxide and Turant the ultimate product milk fat testing by EMT, though is voluminous, but the 3 Cri.Appln.No.560/2011 accused/applicant has reason to assign. However, it would not attract any intention to cause adulteration with either the genuine milk or creation of milk. 5) Taking aspects into consideration, and particularly the test of skimmed milk powder having resulted positive, the test of the Turant the ultimate product milk fat testing by EMT also having been found no any defect, the prosecution initiated against the applicant/accused is now turning into the persecution and without any just cause to the Investigator to do so. 6) The second aspect of the matter is, the investigation was carried by a probationary sub inspector, as is seen, which is inhibited by the very statutory arrangement under the Prevention of Food Adulteration Act, 1954 in terms of Section 10(AA) thereof. Consequently, the prosecution is quashed, Rule is made absolute in the above terms. The charge sheet is also set aside. ( K.U.CHANDIWAL ) JUDGE bdv/