GHANSHYAM MULCHAND KESHWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under section 482 of Code of Criminal Procedure read with Articles 226 and 227 of the Constitution of india, the petitioners seek quashing of Criminal case No. 86/1998 against them pending before judicial Magistrate, First Class, Warora for violation of the provisions of the Prevention of food Adulteration Act, 1954.

(2.) Petitioner no. 2 is the proprietor of m/s. Rajesh Kirana Stores situated at Station road, Warora, district Chandrapur. On 18. 7. 1995 at about 11 a. m. Shri. S. B. Naragude, the thf Food Inspector along with a panch visited M/s. Rajesh Kirana Stores. Petitioner no. 1 was present in the shop. Shri. Naragude noticed 100 sealed polly packets of Kusum Chilly powder weighing 50 grams each kept for sale. Shri. Naragude purchased 9 sealed polly packets of Kusum Chilly Powder of 50 grams each for test and analysis from the said stock, paid rs. 22. 50 ps. to petitioner no. 1 and obtained cash memo from him. Shri. Naragude gave notice under Section 14-A of the Prevention of Food adulteration Act, 1954 (hereinafter referred to as "the Act" for short) to petitioner no. l who disclosed that packets of chilly powder were purchased from M/s. Kusum Products, Nagpur (of which respondent no. 2 is the Proprietor) under Bill No. C-460 dated 21. 6. 1995. After following due procedure, the sample of chilly powder was sent to Public Analyst, Region public Health Laboratory, Nagpur on 19. 7. 1995. On 22. 2. 1996 report was received to the effect that sample does not conform to the standard given in Prevention of Food Adulteration Rules, 1955. After collecting necessary information, the Joint Commissioner, Nagpur Division, Food and Drugs Administration, Chandrapur, was moved for obtaining his consent to launch prosecution against the petitioners and respondent no. 2. After receipt of the consent, complaint was filed against them. The petitioners have challenged the maintainability of the said prosecution.

(3.) I have heard Shri. S. V. Sirpurkar, advocate for the petitioners and Shri. K. S. Dhote, APP for respondent no. l-State. Nobody appeared for respondent no. 2.