ULHAS RAMCHANDRA KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three petitions arise out of orders passed in two criminal cases bearing Nos. 1823 and 1824 of 1984 on the file of the Chief judicial Magistrate, Nasik. By these orders he directed framing of charges against accused Nos. 1 and 4 under section 246 of the Code of Criminal Procedure as he was of the view that prima facie case was made out against them. He discharged accused Nos. 2 and 3. It is these orders of directing framing of charge that are impugned in these applications under section 482 of the Code of Criminal Procedure.

(2.) THE facts of the case, briefly stated would, be as follows :

(3.) ON 13th January 1982 Mr. Acharya, Food Inspector went to the factory manufacturing biscuits at Nasik and Shri Acharya took 7 samples. Sample Nos. 1, 5, 6 and 7 are samples of biscuits while sample Nos. 2, 3 and 4 are samples of material that went into the production of biscuits. Sample No. 2 being maida, sample No. 3 being sugar and sample No. 4 being bakery shortening. The Food Inspector followed the required procedure; divided the samples into 3 equal parts. He sent two parts to the public health authority. One part was sent to the Public Analysts. Pune for analysis. The Public Analyst on 3rd February 1982 reported that the samples were upto upto the standard prescribed. On this report the Food Inspector made an application to the Chief Judicial Magistrate, Nasik for release of those tins (720 in number) seized on 13-1-1982. The tins as well as the documents were accordingly returned to the accused No. 1 who was at the material time the factory manager.