SARDER SINGH BAWA Vs. STATE

JUDGEMENT

(1.) -Is Rule 15 of the Prevention of Food Adulteration Rules 1955 mandatory or not is the question that calls for determination in the reference under section 438 of the Code of Criminal Procedure by the Additional District and Sessions Judge who by an order dated 9th of June, 1972 has recommended that the charge framed against the petitioner under section 7/16 of the Prevention of Food Adulteration Act 1954 (hereinafter called the Act) be quashed.

(2.) . On 6th August, 1970, Food Inspector Municipal Corporation of Delhi, took a sample of haldi powder from a sealed 'Agmark' packet from one Shri Duli Chand. The sample was sealed in the ttle. Later on the sample which was taken by the Food Inspector was sent to the Public Analyst who declared it to be adulterated. Accordingly, acomplaint was logded by the Food Inspector against the said Duli Chand. It having been disclosed by Duli Chand that the petitioner was a manufacturer of the said 'Agmark' haldi powder, summon was issued to the petitioner. After examining the Food Inspector the petitioner was charged under section 7/16 of the Act, by Judicial Magistrate by his order dated 31st May, 1971. The petitioner filed a revision before the Sessions Judge for quashing the charge. The contention which has prevailed with the Additional Sessions Judge in recommending that the charge against the petitioner be quashed is that there has been non-compliance of Rule 15 of the Prevention of Food Adulteration Rules, 1955 (hereinafter called the Rules).

(3.) . Section 11 of the Act provides that when a Food Inspector takes a sample of food for analysis he shall separate a sample into three parts and mark, seal and fasten up each part in such a manner as it permits and deliver one part of it to the person from whom the sample has been taken, send another part for analysis to Public Analyst and retain the third part for production in case any legal proceedings are taken or for analysis by the Director of the Central Foods Laboratory under Sub-section 2 of section 13 as the case may be. Rule 15 reads as under : Bottles or containers to be labelled and addressed :- All bottles or jars or other containers containing samples for analysis shall be properly labelled and the parcels shall be properly addressed. The table on any sample of food sent for analysis shall bear:-