NARAYAN DAS GANDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Present Cr.M.P. under Sec. 482 Cr.P.C has been filed seeking for quashment of the entire criminal proceeding initiated against the Petitioners for the offence punishable under Ss. 7(1), 14/16(i)(A)(i)(ii)(G) of the Prevention of Food Adulteration Act, 1954 (Hereinafter 'the Act') in Criminal Case No. 44/2009 pending before the Judicial Magistrate, First Class, Saja, District- Bemetara, Chhattisgarh.

(2.) The brief fact of the case is that the food inspector Durg on 12/6/2005 picked up three samples 200 ml each of Coconut oil manufactured by Petitioner No.4. The said oil was taken from Petitioner No.3 of which the Petitioner No. 2 was the proprietor. The coconut oil was sent for chemical analysis to the public analyst based at Raipur. The public analyst gave its report on 21/7/2005. The opinion of the public analyst was that the product was adulterated. Based on the report of the public analyst a complaint was filed before the Court of JMFC, Saja on 22/6/2006 i.e. after a period of almost 11 months from the date of the report of the public analyst. The Court upon registration of the complaint issued notice to the Petitioners for their appearance before the Court below on 7/7/2006. On the first date of hearing itself i.e. 7/7/2006 the Petitioners entered appearance and moved an application under Sec. 13(2) of the Act for reanalysis of the sample by the 'Central Food Laboratory'. For ready reference provision of Sec. 13(2) is reproduced below:

(3.) The application filed by the Petitioner under Sec. 13(2) of the Act was taken into consideration on the same day and the Court below allowed the same asking the food inspector to produce the second sample collected so that same can be sent to the Central Laboratory for testing i.e. Central Food Laboratory at Calcutta. It is relevant to refer order dtd. 7/7/2006. The order was as explicit as it can be with specific direction to the food inspector, Durg Shri Verma to produce second sample collected so that the same can be sent for testing to the Central Food Laboratory in view of the aforementioned provision.