JAGADHATRI TRADING COMPANY Vs. STATE

JUDGEMENT

(1.) This is an application filed by the accused petitioners seeking to quash the proceeding being No. 24D of 1989 pending before the learned Magistratre, 3rd Court, Town Hall, Calcutta and/or setting aside the order dated 18.3.94 passed by Sri K.K. Bakshi, learned Mettropolitan/Municipal Magistrate, 3rd Court, Town Hall, Calcutta regarding framing of charge agsinst the accused petitioners under section 16[1][a][i] read with section 7 of the Prevention of Food Adulteration Act,1955.

(2.) The short facts leading to the filing to the present revisional application are as under: On 1.8.89, Opposite party No.2, Food Inspector , Calcutta Municipal Corporation filed a complaint before the learned Municipal Magistrate, 3rd Court, Town Hall, Calcutta against the present petitioner under section 16[1][a][i]/7 of the Prevention of Food Adulteration Act, 1955(hereinafter referred to as the 'Act of 1955') and the learned Magistrate on receipt of the same, took cognizance of the alleged offence and issued process again the accused/petitioners.

(3.) In the petition of complaint, it was, inter alia, alleged that on 14.6.88, the aforesaid Food Inspector inspected the go-down of the above-named accused and collected 750 gms of Moong (whole) from the accused No. and sent one part of the said sample to the Public Analyst for analysis. The Public Analyst upon analysis opined that the sample of Moong (whole) does not conform to the prescribned standard in respect of rodent heir and excreta content and as such it was adulteratred.