SATISH GOEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Abhishek Sinha, learned Senior Advocate assisted by Mr. Ashish Surana, learned counsel for the petitioner. Also heard Mr. Avinash Mishra, learned Panel Lawyer, appearing for the respondent/State.

(2.) The present petition has been filed by the petitioner with the following reliefs:

(3.) The facts of the case are that a complaint had been filed by the respondent against the petitioner on 11/8/1998. As per the averments made in the complaint filed by the respondent on 11/5/1998, the Food Inspector, Office Deputy Director of Food and Drug Administration Department, Durg had conducted an inspection in M/s Deepak Kirna in which, accused No.1 Khemraj is proprietor. During inspection, the sample of wheat flour (Atta) was sealed and taken for laboratory test. It is alleged that the name of the Company appeared in the sack bag of the wheat flour which was sealed by hand stitched laces. The sample of 600 gram wheat flour was purchased and was sealed in 3 different boxes containing 200 grams each. The sample were forwarded to Public Analyst, Bhopal and as per the report of the Public Analyst, Bhopal dtd. 7/7/1998, the samples of wheat flour was found adulterated. In the meanwhile, the Deputy Director of Food and Drug Administration Department, Durg have communicated the manufacturing Company by letter dtd. 25/5/1998 about the said incident. Later, the Deputy Director of Food and Drug Administration Department, Durg gathered information about the manufacturing Company from the industrial department and found out that the Director of the Company is one Mr. Satish Goel, based on such information, the petitioner was arrayed as an accused as the sample sent for laboratory test had come as adulterated.