PANKAJKUMAR PRANSHANKAR PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned Advocate for the petitioners and the learned APP for the respondent-State.

(2.) By way of this petition, the petitioners - original accused No. 3, 4, 5, 6, 8 and 9 have prayed for quashing and setting aside the criminal complaint which has been registered as Criminal Case No.198 of 1998 before the learned Judicial Magistrate First Class, Modasa, Dist. Sabarkantha for offences punishable under sections 7 (i) and 7(v) of the Prevention of Food Adulteration Act, 1954.

(3.) Respondent No.2-complainant along with Shri V.R. Kharadi visited Khabhrat General stores at Meghraj on 16.6.1997 at about 11.30 a.m. Original accused No.1-Rajakbhai Ahmedbhai Khabhrat was present in the shop. Respondent No.2, the complainant, after following due procedure of law collected the sample of Manikchand Pan Masala for analysis in the presence of witnesses. One sample was forwarded for analysis to public Analyst, Baroda. The report was found to be positive. As per the report dated 8.7.1997 of the public analyst, Baroda, presence of Magnesium carbonate was found in the sample. Therefore, after following due procedure, the impugned complaint has been filed having satisfied with regard to the adulteration. No permission was granted by the Government for use of magnesium in pan masala under Rule 62 of Food Adulteration Rules, 1955.