RAMESH RAWAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners have filed this petition for quashing the case pending against them before the learned Chief Judicial Magistrate, Indore, in Criminal Case No. 7060/86 for the alleged offence punishable, u/Ss. 7(1)/16 of the Prevention of Food Adulteration Act (for short "the Act").

(2.) The learned counsel for petitioners have submitted that on 29-4-1986, the Food Inspector purchased sample of Dalda Refined Groundnut Oil from the petitioners. The Food Inspector, after completing the formalities, affixed a slip on the sample bearing S1. No. IND/88/86 and also mentioned number on the slip which is 026199. Thereafter one part of the sample was sent for analysis and other two parts were kept with Local Health Authority. The Public Analyst report issued by the Local Health Authority is also bearing the number on the sample as mentioned above. The report disclosed that the sample was not in accordance with the prescribed standard. Therefore, the same was adulterated.

(3.) The learned counsel further submitted that after receiving intimation about the prosecution the petitioners appeared before the Court on 25-7-1986 and filed an application u/S. 13(2) of the Act for sending sample which was kept with the Local Health Authority for analysis by Central Food Laboratory. The learned Magistrate was pleased to send the sample to Central Food Laboratory. This report by Central Food Laboratory has been received by the trial Court (Annexure H), is disclosing different number of the sample than the aforesaid number mentioned by the Food Inspector on the slip of the sample and in this report in the sample castor oil was also found which was not found in the Public Analyst Report. Therefore, the sample which was sent to Central Food Laboratory is different than the sample which was lifted from the godown of the petitioners.