ASHOK SALES CO Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners seek quashment of proceeding in Criminal Case No. 1525/90, pending against them, in the Court of C.J.M. Shahdol, for offences punishable u/S. 7 r/w Section 16 of the Prevention of Food Adulteration Act.

(2.) According to the prosecution, the sample of "Red Kashmiri Chilly", purchased from non-applicant No. 2, by Food Inspector, Flying Squad, Shahdol, was found to be adulterated on analysis by State Public Analyst, Bhopal, on account of existence of non-permissible colour. The report of Public Analyst is marked as Annexure A/2. Since the aforesaid sample of "Red Kashmiri Chilly" was found adulterated, the Food Inspector, filed the complaint against the non-applicant No. 2 Virendra Kumar Gupta and these petitioners, who were informed to be the seller and manufacturer respectively of aforesaid sample of Kashmiri Red Chilly. When the sample was sent to Central Food Laboratory, Gaziabad, for analysis, on account of presence of insec'ts, it was opined to be adulterated.

(3.) As per petitioners, the sample was packed in sealed containers on 13-10-1989, with expiry date of 12-6-90. The sample was taken on 14-12-89. The report of State Public Analyst is dated 10-1-90 and that of Director, Central Food Laboratory 18-9-91. The sanction of prosecution was accorded on 21-8-90 and complaint was filed on 14-11-90. The petitioners received the summons of the Court on 12-7-91. This opinion of State Public Analyst stood superseded by Director, Central Food Laboratory, that the sample contained non-permissible colour because as per report of Central Food Laboratory, existence of non-permissible colour was not noted. Of course, the presence of insects is noted by Central Food Laboratory but that alone does not make the sample adulterated, as explained by their Lordships of Supreme Court in cases reported in 1985 SCC (Cri) 289 : (1985 Cri LJ 921) and (1985) 2 SCC 589.