SURESH NARAYANAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners/accused persons have filed this petition u/S. 482, Cr. P.C. for quashing the proceedings pending against them before the learned, CJM Indore, vide RCC No. 6247/95 (State of M. P. v. Kishore Modi) for the offence punishable u/S. 7/16(i)(A)(1) of the Prevention of Food Adulteration Act (for brevity 'the Act').

(2.) Gravamen of the case is that the respondent State of M. P. through Food Inspector has filed a criminal complaint on 9-11-1995 against the petitioners. Their case is that on 5-1-1995 Food Inspector inspected the premises of Modi Agencies and took sample of "Dollops Ice Cream". After performing the required sampling formalities, he sent one sample to the State Food Laboratory, Bhopal, whilst the remaining two parts of the sample were kept with the Local Health Authority, Indore. According to the Laboratory report, the sample was not befitting with the prescribed standard. Therefore, same was found adulterated. Thus, the petitioners are liable for prosecution and conviction for the offence as mentioned above.

(3.) A solitary but substantial point has been raised by the learned counsel for petitioners that the sample was lifted on 5-4-1994 whereas Public Analyst Report was received on 23-5-1994 (Annexure B) but the complaint was filed on 9-11-1995 after 19 months of purchasing sample by the Food Inspector. The petitioner Nos. 1 and 4 appeared in Court but they did not file any application u/S. 13(2) of the Act whereas petitioner No. 3 marked his presence on 29-6-1999 and moved an application u/S. 13(2) of the Act for sending the sample which was kept with the Local Health Authroity, to Central Food Laboratory for further analysis. This application was allowed by the learned trial Court vide order dated 1-6-2002 (Annexure D) but the sample was not produced by the respondent and they have filed an application (Annexure A). According to the fact mentioned in the application, the sample was not available and the same became unfit for further examination by Central Food Laboratory within 10 months from lifting the same from the petitioner. Therefore, the Local Health Authority has already destroyed the same and now not available for further analysis by the Central Food Laboratory.