RAJEEV ARORA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short, Code of Criminal Procedure), the Petitioner/applicant has sought quashing of the summoning order dated 6-12-2005 passed by Chief Judicial Magistrate, Tehri in Criminal Case No. 4358 of 2005, Food Inspector v. Karam Singh, relating to offence punishable under Section 7/16 of Prevention of Food Adulteration Act, 1954 (for short, the Act).

(2.) Heard learned Counsel for the parties and perused the counter-affidavit and other material available on file.

(3.) Brief facts of the case are that Rejendra Singh Rawat, Food Inspector, Chamba, Tehri Garhwal filed a complaint in the Court of Chief Judicial Magistrate, New Tehri, Tehri Garhwal against the present applicant and two other co-accused stating therein that on 2-8-2005 at about 1 p.m. he inspected the shop of co-accused Karam Singh and found the packets of Golden Kheni, which were kept along with other articles, about which co-accused Karam Singh told that these packets are for selling purpose. Thereafter, on the spot, the complainant prepared three copies of Form VI and served notice in Form VI to the co-accused Karam Singh. It was told by the co-accused Karam Singh that the said Kheni has been purchased from Hariom Agency, Rishikesh and he requested to produce the bill thereof later on. The complainant purchased three printed packets of Golden Kheni in Rs. 117/- for analysis and also obtained the receipt of Rs. 117/- from co-accused Karam Singh. Thereafter, all the three packets were sealed by the complainant, as per rules and the Code slip bearing No. TWL/ 2005/2007 was affixed in sealed packet and signatures of the co-accused Karam Singh were also obtained in the Code slip. On 3-8-2005, one sealed packet along with the memo form was sent to Public Analyst, Lucknow for chemical analysis by way of registered post. Rest of the two packets along with two copies of memo Form VII were deposited in the Office of CMO, Tehri Garhwal. It is further stated that as per the report of Public Analyst, Lucknow dated 12-9-2005, the sample was found adulterated. After obtaining sanction from C.M.O., Tehri and observing other formalities, the Food Inspector filed a complaint against the applicant-manufacturer and two other co-accused persons under Section 7/16 of the Act, which was registered as Criminal Case No. 4358 of 2005. After hearing learned Counsel for the complainant and perusing the material available, learned Chief Judicial Magistrate, New Tehrj, vide order dated 6-12-2005 had taken the cognizance of the offence Under Section 7/16 of the Act and summoned the applicant and other co-accused. Against the said order dated 6-12-2005, the present applicant has preferred this application Under Section 482 of Code of Criminal Procedure. before, this Court.