ANIL KUMAR GODHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is filed praying quashment of complaint pending before Judicial Magistrate First, Class, Ujjain as Criminal Case No.9836/2006.

(2.) The brief facts giving rise to the present application are that on 17.04.2004, the Food Inspector R.C. Gupta visited the provision shop of 'M/s Surana Traders' situated at Ujjain. In pursuance of a drive during the period when 'Singhasth' was going on at Ujjain, he obtained sample from shop of 'M/s Surana Traders', whose name appeared in the complaint as accused No.1. He purchased a tin of suddh ghee weighting 600 gm. At the time of purchasing of the tin, it was sealed. The seal was cut open with aid of a knife and samples were prepared for examination by public analyst. The sample was sent to public analyst and it was found adulterated.

(3.) During the investigation, it was informed to the Food Inspector that M/s Surana Traders purchased the tin in sealed condition from 'M/s Badshah Traders, whose name appeared in the complaint as accused No.2. When the Food Inspector approached the accused Abhijar Attar, the Manager of said M/s Badshah Traders, it was informed that he purchased the product from the present applicant, whose name appeared as accused No.3. Both, accused No.1-M/s Surana Traders and accused No.2-M/s Badshah Traders purchased the product in sealed condition with a cash memo.