SANAT KUMAR JAIN Vs. STATE OF M. P.

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 482 of Cr. P. C. in regard to quashment of criminal proceedings initiated against him under the provisions of Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 [ herein after referred to as the 'PFA Act'].

(2.) ON 11/06/2004, Food Inspector inspected grossery shop of Sanjay Kumar Rathore situated at Sadar Bazar, Maqsoodangarh, District Guna. The Food Inspector had taken three samples of Nutreela Vanaspati of 500 ml each. The samples which were in packets were purchased from the shop. On the samples, the batch was mentioned as 30A and the name of manufacturer, Ruchi Soya Industries Limited Factory, Village Talawali Chanda, P.O. Mangliyagaon, District Indore was also mentioned. The merchant Sanjay Kumar Rathore informed the Inspector that he had purchased the aforesaid Vanaspati from Bharat Kumar on 5/5/2004 vide Bill No.712. The samples were sealed in accordance with law. A panchnama of the proceedings was prepared and the samples were sent to public analyst. As per memorandum of public analyst dated 20-07-2004, Vanaspati was found adulterated. Consequently, the authority submitted a charge-sheet before the Judicial Magistrate First Class.

(3.) LEARNED counsel for the petitioner has submitted that there was no warranty or bill in regard to sale of Vanaspati by the petitioner. Hence, in accordance with the provisions of Sections 14A and 19(2) of PFA Act and Rule 12A of Prevention of Food Adulteration Rules, 1955 [hereinafter referred to as ' the PFA Rules'] no cognizance can be taken against the petitioner.