BANSI LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition filed by the applicant under Sec. 482 Cr. P. C. is with a prayer for quashing the criminal proceedings pending against him in the Court of the Judicial Magistrate, First Class, Khargone in Cr. Case No. 371 of 78 and also the order dated 23-1-80 passed by the Addl. Sessions Judge, Khargone in Cr. Rev. No. 66 of 79 for an offence under Sec. 7 read with Sec. 16 (l)(a)(ii) of the Prevention of Food Adulteration Act.

(2.) The prosecution case at the trial was that Dr. Laxminarayan Rathi (P. W. 1) who was working as Medical Officer in Government Hospital, Bhikangaon, between 1975 to 1977, inspected the Kirana shop of the applicant on 3-6-1977. On checking the license he found that the applicant did not have any such license and that 15 kgs. of gur kept for sale in the open without any covering was buzzing with flies. Thus, the applicant had kept the said article of food in an unsanitary condition and the particles of dust were also seen having spread on this quantity of gur. He, therefore, prepared the panchnama Ex. P. 1 and launched the prosecution against the applicant.

(3.) The learned Trial Court recorded the statement of Dr. Laxminarayan Rathi (P. W. 1) on 27-7-79 and thereafter framed charge under Sec. 16(l)(a) (ii) of the Prevention of Food Adulteration Act against the applicant on 20-8 79. Against the said order of the Trial Court the applicant preferred Criminal Revision No. 66 of 1979 which was dismissed by the impugned order dated 23-1-80.