S S GOKUL KRISHNAN Vs. STATE

JUDGEMENT

(1.) BY way of this petition under Section 482 of Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) the petitioner has sought quashing of complaint case no. 232/2006 titled Food Inspector (PFA) vs. Ashok Chhabra and Ors. And order of the trial court dated 06.10.2006 summoning the petitioners herein and all the proceedings emanating from the aforesaid complaint.

(2.) ON 24.09.2005 at 4.00 p.m., Food Inspector Arun Kumar purchased a sample of " processed cheese " For analysis from Sh. Ashok Chhabra, son of Sh. B.R. Chhabra of M/s. New Cake Palace, 36, J Block Market, Saket (vendor) where the said food article was stored for sale. Sample consisting of three sealed tin packs of 400 gms. Each bearing identical declaration was taken under the supervision and direction of Sh. Manish Garg, SDM/LHA. Vendor disclosed that the sample article was supplied through M/s. NGS Commerce vide bill no. 1677 dated 22.09.2005 and accordingly a notice was also sent to the supplier by registered post. Notice was given to the vendor and price of the sample was also paid to the vendor vide receipt dated 24.9.05. All documents prepared by the Food Inspector were signed by the vendor and other witness Sh. S. Massey, F.A. The sample was divided into three equal parts i.e. one sealed tin pack in each counterpart and each packet was separately packed, fastened and sealed.

(3.) IN the notice in Form IV prepared on 24.09.2005 it is stated that the month and year of manufacturing was declared on the label as August, 2005.