Mere storage cannot be construed as an attempt to commit an offence under Section 328 of IPC

Section 328 of IPC deals with causing hurt by means of poison, etc., with intent to commit an offence.

In Anand Ramdhani Chaurasia and Ors. Vs. The State of Maharashtra , the Food Safety Officer on raiding residences and godowns of the plaintiff had found Gutka and Pan Masala pouches. FIR was files and the plaintiffs were arrested under various sections of the Food Safety And Standards Act, 2006 and the IPC including Section 328.

On challenging the arrest, the Bombay High Court held that it is not in doubt that, the tobacco and its products are dangerous to human life and safety. However, mere possession or storage cannot fall within the purview of ‘Danger’ contemplated under the said section. The goods, as long as they remain stored, do not pose any danger. The goods will have to be moved beyond the store to be sold-‘to be purchased for consumption’ and mere storing a food item would not pose the intended danger to human life. The gap between the storage and the consumption by a consumer will have to be bridged before the danger or the hurt contemplated under Sections 328 and Section 188 of the IPC get attracted and it is only when the prosecution proves that it is the Petitioners who are the one who did it, their prosecution would be a success.

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