J P CHATURVEDI Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. This petition under Section 482, Cr. P. C. has been filed for quashing the order dated 3-10-1981 passed by the learned Addl. CJM refusing to dis charge the applicants, order dated 29-7-1982 of the learned Sessions Judge dismiss ing the revision preferred against the said order and also to quash the proceedings of Criminal Case No. 1032 of 1981 pending against the applicants ;n the Court of Addl. CJM. Varanasi.

(2.) THE Food Inspector took a sample from a sealed tin of Ajanta Vanaspati from the shop of Raja Ram. THE said sample was sent for analysis and as per the report of public Analyst dated 5-4-1976, the sample was adulterated. A complaint was accord ingly filed by Nagar Swathya Adhikari against Raja Ram (owner of the shop) and Jagdish Nath (Seller ). THE learned Magistrate exercising his power under Sec tion 20-A of Prevention of Food Adultera tion Act impleaded M/s. Jain Sudh Vanaspati Ltd. (Manufacturer) as accused. THE applicant No. 1 JP Chaturvedi is the Manager of M/s. Jain Sudh Vanaspati Ltd. , Ghaziabad. THE applicants appeared in Court on 23-9-1980 in pursuance of sum moning order dated 27-7-1979 passed by the learned Magistrate. THE day the applicants appeared in Court i. e. on 23-9-1980 they moved an application for sending. THE sample was received is Court Food Laboratory. THE sample was received in Court from the office of Nagar Swasthya Adhikari on 26-2-81 and was sent for analysis on 11- 3-81. THE Central Food Laboratory analysed the sample and sub mitted a report dated 18-4-81. According to the report of the public Analyst of U. P. Government, the content of oleic acid was 0. 16 per cent but the sample did not contain Vitamin 'a'. According to the report of Central Food Laboratory the sample con tained Vitamin 'a but it contained free fatty acid as oleic acid to the extent of 0. 67 per cent. After the aforesaid report had been received the applicants moved an applica tion that they are liable to be discharged but the same was rejected by Addl. CJM on 8-10-81. THE applicants preferred a revision against the said order but the same was also dismissed by the learned Sessions Judge on 29-7-82.

(3.) IN the result, the petition succeeds and is hereby allowed. The proceedings of Criminal Case No. 1032 of 1981 pending in the Court of ACJM Varanasi as against the applicants are quashed. Petition allowed. .