RAM CHANDER AMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The preseat petition under Section 482 of the Code of Criminal procedure and Article 227 of the Constitution of India is directed against an order dated July 18, 1980 of Shri K.C. Lohia Metropolitan Magistrate, New Delhi framing a charge agninst the present petitioner in respect of commission of offence punishable undersection 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act).

(2.) On August 16, 1975 at about 11 A.M. Shri M. K. Bhan Food Inspector (Public Witness . 3) accompanied by some other members of Central Food Squad and police went to the godown of M/s Amar and Co., petitioner No. 2, who is partnership firm and whose one of the partners is Ram Chander Amar respondent No.1, situated at 1891. Gali Behram Beg, Lal Kuan, Delhi and took sample of Dhania Whole (Coriander) weighing 450 grams. He offered the price of the said Dhania. which was refused by Ram Chander Amar on the ground that the said Dhania was not meant for sale. The said sample was sent for analysis and a report of Public Analyst was received on 10th September, 1975 to the effect that the said sample was adulterated due to 1.6 excess in extraneous matter (inorganic) per cent by weight.

(3.) On December 17, 1976 complaint was lodged against the present petitioner as well as other partners of M/s Amar and Co. Vide impugned order charge was framed against the petitioner i.e. Ram Chander Amar and petitioner firm but other partners namely Satish Chander, Vijay Prakash and Shri Godavari Devi were discharged on the ground that they were neither incharge nor responsible for the conduct of the business.