MAHESH CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sanjay Agrawal, learned counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State.

(2.) By means of present 482 Cr.P.C. application, the applicant has prayed for quashing the order dated 18.2.2010 as well as prosecution of the applicant in Complaint Case No.787 of 1994 and Complaint Case No.786 of 1994 F.I. Vs. Mahesh Chand under Section 7/16 Prevention of Food Adulteration Act, police station New Agra/Hari Parvat, district Agra pending before the A.C.J.M.-Ist, Agra.

(3.) The prosecution case in brief is that the accused-applicant Mahesh is the manufacturer of mustard oil. The complainant raided the premises of the applicant on 22.5.1993 . He took sample of "Mustard Oil" from the premises of the factory of applicant. He also gave a notice under Section 11 Ka of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as PFA Act) to the applicant. He has taken the said 'Mustered Oil' for analysis. After dividing the said sample in three parts, he sealed and labeled each part in the presence of the applicant. He has submitted one part for analysis and retained the second and third part in the office of Local Heath Authority, Agra.