ISHWAR CHAND JAIN Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioner by way of this petition under Section 482, Cr.F.C. is seeking to set aside the order dated 6.9.1997 passed by the Additional Sessions Judge, New Delhi in Cr. Rev. No. 20/1997 and is also seeking for quashing the proceedings before the Metropolitan Magistrate, New Delhi.

(2.) The respondent has filed a complaint agianst the petitioner under Sections 7/16 of the Prevention of Food Adulteration Act. The subject matter of the prosecution is a seizure of sample of special khas SUPARI on 13.6.1991 by the Food Inspector. The sample on being examined by the Public Analyst was found to contain saccharin to the extent of 3506 P.P.M., which is violative of Rule 47. During pendency of the criminal prosecution. Rule 47 was amended and the permissible limit of saccharin has been increased to 4000 P.P.M. as it has been found not to be harmful for human consumption.

(3.) Learned Counsel for the petitioner contended that since the Rule 47 has been amended raising the permissible limit of saccharin to 4000 P.P.M. and the violation is only a technical violation, the criminal proceedings pending on the file of the Metropolitan Magistrate should be quashed. Reliance has been placed on the judgment of the Apex Court in Sri Krishan Gopal Sharma & Am. v. Government of N.C.T. of Delhi, J.T. 1996 (5) 102 in support of the said contention. Paras 13, 14 and 15 of the said judgment are relevant for the purpose of the present petition and they are extracted and reproduced hereunder: