SUNDER LAL Vs. NAGAR SWASTHYA ADHIKARI

JUDGEMENT

(1.) This is an application under Sec. 482 Cr. P.C., 1973 by Sunder Lal for quashing the proceedings in Criminal Case No. 129 of 1975 - N.S.A. Vs. Sunder Lal and others.

(2.) The facts giving rise to this application are that on 21-6-74 Food Inspector Jagdish Pandey went to the shop of the applicant Sunder Lal at 12.30 P.M. He after giving him notice in Form VI purchased 400 grams of Atta and he paid its price. He divided the sample in three parts and packed and sealed them in three bottles separately. One of the samples was sent to the Public Analyst who found it to be adulterated. Accordingly a complaint was made against the applicant in the Court of the learned Judicial Magistrate, Allahabad.

(3.) The contention of the applicant is that the quantity of Atta purchased by the Food Inspector by way of sample was only 400 grams whereas under Rule 22 of the Prevention of Food Adulteration Rules he was required to send 200 grams of Atta to the Public Analyst and as such he should have purchased 600 grams of Atta by way of sample.