BRIJ MOHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY way of this Criminal Miscellaneous Application, the applicant has assailed the order of cognizance dated 6.1.2006, passed by the learned Magistrate in Criminal Case No. 15/06, Food Inspector v. Jitendra Kumar Baweja and Ors.. By the said order, the learned Magistrate took cognizance of the offence punishable under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (for short, hereinafter referred to as the 'Act') against the applicant and two other accused.

(2.) THE background facts of the case are that Food Inspector Sri R.K. Agarwal (Respondent No. 3), by exercising his powers under the Act, took samples of the Tata Salt in the form of three packets, each containing one kilogram salt, by paying rupees twenty four towards the cost of the same to Jitendra Kumar Baweja, who runs his retail shop at Civil Lines, Roorkee. It was revealed that the said Tata Salt was supplied by the manufacturer Sovereign Traders (accused No. 3) to M/s Bandari & Brothers (wholesaler at Roorkee), who in turn supplied the same to Jintendra Kumar Baweja for vending it directly to the customers. Food Inspector sent one of the samples to the Lucknow based Government Public Analyst for testing its purity. The laboratory, after testing the same, found that this Tata Salt was not adulterated, but noticed that the manufacturer had not mentioned the batch and lot number on its label stick upon the packet. This was the violation of Rule 32 of the rules made under the Act. So, the Food Inspector filed this complaint in the court of competent jurisdiction against all the three accused i.e. retailer, wholesaler and the manufacturer. Having received this complaint, the learned Magistrate took cognizance of the offence and passed the impugned order.

(3.) SINCE the Rule 32(e), the violation of which has been alleged by the Food Inspector, has already been struck down by the Hon'ble Apex Court way back in the year 1971, therefore, no trial for the violation of the same could be allowed to proceed. Needless to say that the salt which was taken by the Food Inspector for testing was found to be pure and unadulterated by the Public Analyst.