DIN DAYAL AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) This petition under section 482 of the Code of Criminal Procedure is for quashing the charges framed against the petitioners on the ground that there is no evidence.

(2.) The facts, in brief, are that there is a godown known as Dharma Shala Madho Dass', behind Pili Kothi, Delhi. Various persons arc allowed to store their goods in this godown against payment of rent. M/s Om Parkash Din Dayal had stored a number of bags containing amchoor sabat' in this godown in Dec. 1973. Some other persons had also stored their bags of amchoor'. Some time in the beginning of Dec. Food Inspector, Balwant Singh, sealed the bags as well as the godown, presumably to enable Food Inspectors to lift samples of amchoor' for analysis.

(3.) On 7th Dec., 1973, Food Inspector J.S. Chadha went to this godown at about 11.30 A.M. Food Inspector Balwant Singh was also with him. Food Inspector Chadha decided to take sample of amchoor from M/s Din Dayal Om Parkash. However, he did not know Din Dayal or Om Parkash nor had he ever gone to the office or shop of M/s Din Dayal Om Parkash. He had no personal knowledge as to which particular bag of amchoor belonged to which particular firm. There were, admittedly, a large number of bags of amchoor belonging to more than eight or ten different dealers. Food Inspector Chadha sent Siri Ram, who was in-charge of the godown to call Din Dayal Om Parkash. Din Dayal arrived at the godown. Food Inspector Chadha took 600 grams of amchoor' for analysis from one bag. He offered Rs. 8.80 p. as its price. Din Dayal refused to accept the price. He also refused to sign the receipt as well as the inventory prepared at the spot. The Food Inspector duly divided the amchoor' in three clean and dry bottles and duly sealed them. One of these bottles was offered to Din Dayal who refused to accept the same.