C H SATYANARAYAN Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Sections 397/401 Cr.P.C. read with Section 482 Cr.P.C. assailing the order dated 3.12.04 passed by the learned Metropolitan Magistrate directing the framing of charge against the petitioner under Sections 272/273 IPC.

(2.) BRIEFLY stated, the facts of the case are that an FIR bearing No.227/98 under Section 328 IPC was registered by Police Station Hauz Qazi on the basis of the statement of one Ms. Rekha wherein she had stated that she had bought one pouch and one bottle of dhara kachi ghani mustard oil from a shop and after consuming the same she fell ill and developed swelling in her legs. The remnants of oil were seized and sent to the public analyst for analysis where the remnants of the pouch conformed to the standards laid down under PFA rules, however, the remnants of the bottle tested positive for argemone oil which is injurious to health. After investigation the charge sheet was filed against the present petitioner in his capacity of being the Quality Control Officer of the National Dairy Development Board. The offence under Section 328 IPC being exclusively triable by the Court of Sessions, the matter was committed to the Court of Sessions. The Sessions Court vide order dated 19.4.2002 held that charge sheet did not disclose any offence exclusively triable by Court of Sessions and remanded it to Chief Metropolitan Magistrate. The learned CMM assigned the case to the Court of Metropolitan Magistrate. After hearing arguments, the learned MM vide order dated 3.2.2004, framed charge under Sections 272/273 IPC against the petitioner.

(3.) MR . Mathur the learned senior counsel for the petitioner has raised three contentions. The first contention which has been raised by the learned senior counsel is that the offence under Section 272 IPC deals with the situation where a person adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as a food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.