RAHUL VERMA Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the Petitioners under Section 397 read with Section 401 Code of Criminal Procedure praying inter alia for setting aside the order on charge dated 24.2.2010, passed by the learned ACMM in Complaint Case No. 220/2003 entitled 'Food Inspector v. Rahul Verma and Ors.'

(2.) Briefly stated, as per the allegations contained in the complaint, on 13.3.2002, a Food Inspector, Mr. Bal Mukand, went to M/s Bharat Hotels Ltd., at Bara Khambha Avenue, Barakhamba Road, Connaught Place, New Delhi, where he found Petitioner No. 1 conducting business of Petitioner No. 2/hotel as Executive Manager, Food & Beverages and as the nominee of the said hotel. The Food Inspector purchased a food item 'Khoya' from Petitioner No. 1 for the purpose of analysis. The sample was taken in an open tray and after cutting the same into 2-3 equal pieces, it was placed in clean and dry bottles. The sample was preserved and sealed in this manner and part of the same was sent to the Public Analyst for its report.

(3.) As per the report of the Public Analyst dated 2.4.2002, the sample was found to be adulterated because "it contained added vegetable fat". Based on the aforesaid report, a complaint was filed by the Food Inspector on 1.5.2003 for violation of the provisions under Section 2(ia)(a)(m) of the Food & Adulteration Act, 1954 (in short 'the PFA Act') against Petitioner No. 2/ hotel and its nominee and summons were issued.