B K CHAUDHARY Vs. STATE OF U P

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been moved for quashing the summoning order dated 31.3.1999 as well as the entire proceedings of Criminal Complaint Case No.200 of 2002, State of U. P. v. Rishikesh Pachauri and others, under Section 7/16 of the Prevention of Food Adulteration Act, 1954 and under Rule 50(1) of the Prevention of Food Adulteration Rules 1955, pending in the court of Judicial Magistrate 1st, Sadabad, District Hathras.

(2.) It appears from the record that Criminal Complaint Case No. 200 of 2002, State of U.P. v. Rishikesh Pachauri and others, was filed by Mr. H. C. Goyal, Food Inspector, Mathura, against the applicants under Section 7 read with Section 2 of the Prevention of Food Adulteration Act, 1954 and under Rule 50(1) of the Prevention of Food Adulteration Rules 1955, punishable under Section 16 of the Prevention of Food Adulteration Act, 1954. It was alleged in the complaint that O.P. No.2, Mr. R.C. Gupta, Food Inspector, inspected the Milk Collection Center, Dharmshala, Sahpau, Police Station Sahpau, District Mathura, on 28.8.1997 at about 10.30 a.m. and found applicant No.3 collecting/exhibiting mixed milk for sale. Applicant Nos. 1 and 2 are the owners/ producers/whole sellers of milk. Mr. R. C. Gupta took sample of the milk and after completing the required formalities sent it for chemical analysis. On analysis it was found to be adulterated.

(3.) It is pertinent to mention here that the milk was not for public sale and was to be supplied to M/s Hindustan Lever Limited, Etah.