RAJESH S ADANI Vs. M CHANDRASEGARA SASTRI

JUDGEMENT

(1.) THE petitioner, who has been arrayed as A-3, has come forward with this petition seeking for the relief of quashing the proceedings initiated against him by the respondent/complainant in C. C. No. 739 of 2005 on the file of the learned Judicial Magistrate No. 1, Pondicherry, for the offence punishable under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act") for the alleged contravention of Section 7 (1) r/w 2 (ia) (m) of the Act.

(2.) MR. A. RAMESH, learned counsel appearing for the petitioner, has contended that there are certain contravention of mandatory provisions contemplated under the Act and Rules and therefore, the entire proceedings is liable to be quashed as the same is vitiated by the non-compliance of the mandatory provisions contemplated under the Act.

(3.) IT is submitted by the learned counsel for the petitioner that the respondent, viz. , Senior Food Inspector inspected the premises of A-1, viz. , "sakthi Ganapathi Super Market" at No. 151, Kamarajar Street, Veeman Nagar, Pondicherry, on 10. 05. 2005 at 12. 35 noon and taken samples of "purita Vanaspathi" paying a sum of Rs. 28. 50. It is submitted that the Senior Food Inspector claimed to have followed the procedure contemplated under the Act for taking the sample and sending the same to the Public Analyst of Pondicherry. It is further submitted that it is seen from the Public Analyst's report that the said sample contains more free fatty acids than the permissible limit, as per Clause A. 19 of the Appendix B to Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as "the Rules", and the Public Analyst opined that the said sample is adulterated. On the basis of such analyst report, the present complaint is filed against A-1/the vendor, A-2/the dealer and A-3/the petitioner, who is the manufacturer of "purita Vanaspathi".