PADAM SEN SANDEEP KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) SINCE there is a common question of law involved in both the petitions, therefore, both aforesaid cases have been heard together and are being disposed of by the single judgment.

(2.) CRIMINAL Misc. Application Nos. 82/2001 and 83/2001 have been filed for quashing the proceedings in criminal case no. 70/1992 & 69/1992 respectively under section 7/16 of the Prevention of Food Adulteration Act pending before the Chief Judicial Magistrate, Chamoli.

(3.) BRIEF facts of the case are that on 17.11.1991 the Food Inspector took the sample of Dal Channa & Dal Arhar from the Truck No. MKH 7756 after taking necessary formalities. Then, the Food Inspector sent the sample of Dal Arhar to the Public Analyst for examination. The Public Analyst reported that there was a mixture of 5% of Dal Khesari which is a banned item for being used as a food material. After the receipt of this report, the Chief Medical Officer, Chamoli granted sanction for prosecution under section 7/16 of the Act. Thereafter, the complaints were filed by the Prevention of Food Inspector against Ram Kumar on 03.07.1992. In the meantime, on 3.7.1992 an application was filed that the name of the accused person was wrongly informed by the accused at the time of taking sample. It was further stated in the said application that the sample was taken from Padam Sen, who fraudulently stated his name as "Ram Kumar". It was further stated that Padam Sen may be impleaded as accused in the said prosecutions. The C.J.M. after going through the complaints and the application took cognizance against the present applicants. Feeling aggrieved by this, the present petitions have been filed.