RANAJOY BOSE Vs. A B ROY

JUDGEMENT

(1.) Leave granted.

(2.) This appeal filed by the accused is directed against the order passed by the High Court at Calcutta dismissing the application filed by him under Section 482 of Code of Criminal Procedure ('Crl. P.C.' for short) and confirming the order passed by the Senior Municipal Magistrate declining to accept his prayer for discharge in Complaint Case No. 44-D of 1978. The application filed by the appellant under Sections 245(2) and 245(3), Cr.P.C. for discharge was dismissed by the learned Magistrate.

(3.) A criminal case was instituted against the appellant and some others alleging the commission of the offence punishable under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (P.F.A. Act for short), on the allegation that he was selling adulterated tea leaves. The case of the prosecution was that the Food Inspector inspected the shop/godownn/factory of M/s. Brook Bond India Ltd. on 5-4-1978 and collected some samples of tea Grade PD-1. The said samples on analysis by the Public Analyst were found not conforming to the prescribed standard in respect of crude fibre content in the Tea and was found to be adulterated. The complaint was filed against the appellant after obtaining consent from the District Health Officer IV (South West), Municipal Corporation of Calcutta. The learned Magistrate on perusal of the complaint and the materials produced by the complainant, took cognizance of the offence under Section 16(1)(a)(i) read with Section 7 of the P.F.A Act and issued process against the accused persons in May, 1978. On consideration of the application filed by the appellant and other accused persons for discharge from prosecution, the learned Magistrate by the order passed on 25-8-1981 discharged the accused company M/s. Brook Bond India Limited and Shri P. K. Banerjee, the Manager of the company from the prosecution but rejected the prayer of the appellant. The Revision Petition filed by the appellant challenging the said order was dismissed by the High Court by order dated 22-12-1986. The appellant filed special leave petition, SLP (Crl.) 832/87 before this Court challenging the order of the High Court. The said SLP was later withdrawn by the appellant.