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offence punishable under Section 328 of the Indian Penal Penal Code is not made out against them.

3. It is an admitted fact that the FSS Act, 2006, empowered Food and Safety Commissioner, State of Maharashtra, under Section 30 of the FSS Act, 2006, prohibiting sale, manufacture etc. of some commodities if he is satisfied that prohibition would be in "public interest".

He did not placed reliance on report of food analysis appointed under the provisions of FSS Act, 2006. It could therefore be said that Gutka or Pan Masala could be poisonous. So, possessing or transporting Gutka or Pan Masala did not amount to offence under Section 328 of the Indian Penal code. In our view, this provision will not apply to the present cases.

Section 188 of the Indian Penal Code is part of Chapter X, which deals with contempt of lawful authority of public servants. There are various provisions which are related to public servants and causing disobedience to their orders which would lead to obstruction, annoyance, injury to any person and breach of law and order.

19. The next question is, whether manufacturing, possession, selling of Gutka and Pan Masala would amount to offence punishable under Section 328 of the Indian Penal Code. Section 328 of the Indian Penal Code reads as under :-

"328. Causing hurt by means of poison, etc., with intent to commit an offence. - Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

By no stretch of imagination, manufacturing, possessing Gutka and Pan 30 Cri WP 1027.15 & Ors.

Masala would amount to administering poison. As said above, Gutka or Pan Masala are not subjected to food analysis. The commissioner opined that in its sale etc. ia not in public interest. This opinion is based on various reports but not report of Food Analyst appointed under the provisions of the FSS Act. Therefore, it cannot be said that Gutka and Pan Masala are stupefying, intoxicating or unwholesome drug. Besides offering these items of Food would not amount to intention to cause hurt. The provisions of Section 328 of the Indian Penal Code to the present cases is therefore impermissible.