can my FIR be quashed?
Food safety officer has collected Four food samples on 24.11.2014
Immediately he sent those samples to food testing laboratory where two samples were found unsafe and substandard.
The test reports were received from the lab by email to food safety officer on 24.11.2014.
He then logged an FIR Against me on 25.11.2014. and police immediately arrested me in the evening.
I was in police custody for 1 day and 9 days in magestrial custody.
After words,we have challenged second samples of both the foods samples for retesting and later (out of the two reports), only one sample was found to be substandard
In this case, As per rules & regulations of fssai- there is time limit of 30 days is been specified in which the FBO can challenge the second sample.
Police and the concern Food safety officer without knowing rules logged FIR and arrested me and kept in jail for 10 days.
I have submitted an criminal writ petition in the high Court for quashing.
Food safety officer logged sections 3 (1)(zx), 51 of the food safety act and sections 420, 272& 2743of IPC.
The present prosecution by food safety officer by way of police complaint or FIR is not only colourable exercise of powers under section 42 of the food safety act,2006 but also malafide one.
They have bypassed the procedure under section 42 by way of complaint case in a competent court, foodsafety officer shortcircuited the procedure and straight way launch a police case.
It is to be noted that samples were taken from milk stored in storage tank which were not ready for sale.
Food safety officer and the investigation officer defeated my right to approach the authorities under the act for sending the second sample to the laboratory. I was put behind the bars malafidely.
It is also to be noted that, on my first production before the learned session magistrate, the investigating officer applies for police custody, which was granted by the learned magistrate, who later on rejected my bail application.
I, however, released on bail by the learned sessions court.
It is pertinent to note that, the offences under section 272,273 is a noncognizable offence which cannot be investigated by the police without complying with section 155(2) of criminal procedure code, by virtue of which prior permission is to be obtained before investigation.
It is also pertinent to note that, the embargo on the police to investigate the noncognizable offence could not be circumvented by adding section 420 of IPC which was a cognizance offence and thereby initiating the investigation into the matter of the present petitioner.
Can my FIR will get quashed. .? And how much time will it take for quashing. .?