KARAM CHAND FOOD INSPECTOR Vs. STATE AND ANOTHER

JUDGEMENT

(1.) The facts leading to this petition under section 482 of the Code of Criminal Procedure, 1973 read with Art. 227 of the Constitution are that on 1-7-1974, Food Inspector, Karam Chand took a sample of chillies sauce from Yaoweilli of Hong Kong Restaurant, Greater Kailash, New Delhi. The quantity of chillies sauce which was purchased for the purpose of analysis was 900 grams. The same was divided in three equal parts and was duly put in three bottles. One bottle was sent to the Public Analyst, one was retained by the Food Inspector and the third was given to the vendor. The Public Analyst reported that the sample was adulterated on account of presence of artificial coal tar dye and deficiency in total soluble solids. A complaint under section 7 read with section 16 of the Prevention of Food Adulteration Act was accordingly filed against the vendor.

(2.) During the course of proceedings, the accused applied to the court for the weighing of the contents of the sample of chillies sauce. The application was allowed and on weighing, it was found that in the bottles the chillies sauce was only 185 grams. It was urged on behalf of the accused that the minimum quantity required under item 18 of rule 22 of the Prevention of Food Adulteration Rules, 1955 was 300 grams. While coming in the witness-box, the Food Inspector, Karam Chand had deposed that the quantity of chillies sauce purchased by him was 900 grams and, therefore, in the three bottles, sample weighing 300 grams each was put, and the bottles were actually sealed. As the quantity found was only 185 grams i.e. less by 115 grams, as enjoined by the Rules, the learned Magistrate discharged the accused vide his order dated 23-4-1976. In the said order, he made the following observations against the petitioner:-

(3.) The present petition has been filed by the Food Inspector Karam Chand for the quashing of the proceedings against him by invoking the inherent powers.