BRITANNIA INDUSTRIES LTD. THROUGH ITS NOMINEE MR. A.K. CHAKRABARTI Vs. STATE OF UTTARANCHAL THROUGH SHRI SURYA PARKASH GUPTA FOOD INSPECTOR, MUNICIPALITY BOARD

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the criminal complaint case No. 226 of 2005 State v. Pawan Kumar and Ors. relating to offence punishable under Section 7/16 of Prevention of Food Adulteration Act, 1954, pending in the court of Civil Judge, Jr. Div./Judicial Magistrate, Haldwani. (This petition was restored to its original number today on the application of the petitioners and the case is finally being disposed of after hearing the arguments).

(2.) HEARD learned Counsel for the parties and perused the papers on record.

(3.) THE proceedings are challenged before this Court by the petitioner on the ground that as per the report of the Public Analyst, itself, the product in question was not found adulterated. The only violation, mentioned in the report is that as required under Rule 32(e) of The Prevention of Food Adulteration Rules, 1955, the batch number was not mentioned in the sample packet. In this connection, attention of this Court is drawn to the case of Dwarka Nath and Anr. v. Municipal Corporation of Delhi, AIR 1971 1844 wherein the Apex Court has held Clause (e) of Rule 32, of the aforesaid Rules ultra vires.