State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
In view of the guidelines laid down by the Apex Court in
"State of Haryana v. Bhajan Lal" (referred supra), the police are
incompetent to take cognizance of the offences punishable under
Sections 54 and 59(1) of FSS Act, investigating into the offence
along with the other offences under the provisions of I.P.C. and
filing charge sheet is a grave illegality, as the Food Safety Officer
alone is competent to investigate and to file charge sheet following
the Rules laid down under Sections 41 and 42 of FSS Act and the
Judgments of the Allahabad High Court and Patna High Court are
clear that the police are not competent to investigate and to file
charge sheet.