LAWS(UTN)-2005-8-58

LAXMI OIL INDUSTRIES, BAREILLY Vs. STATE OF UTTARANCHAL

Decided On August 11, 2005
Laxmi Oil Industries, Bareilly Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) HEARD Sri Dharmendra Barthwal i/b for Sri Alok Singh learned senior counsel for the applicant and Sri G.S. Sandhu learned A.G.A.

(2.) THE petition has been filed under section 482 of the Code of Criminal Procedure (for short 'Code') to quash the proceedings in Criminal Case No. 27711983 State Vs. Prem Singh under section 7/16 Prevention of Food Adulteration Act pending in the Court of Chief Judicial Magistrate, Pithoragarh.

(3.) BRIEF allegations in the complaint lodged before the Magistrate concerned was that on 31.8.1982 at about 2:30 P.M. the sample of mustard oil was alleged to have been taken by the food inspector from the shop or Prem Singh. The sample was sent to the Public Analyst, Lucknow, U.P. who reported it to he adulterated. On the said complaint the learned Magistrate passed the impugned order.