GOBINDA PRASAD AGARWALA Vs. S K BASU

JUDGEMENT

(1.) THIS is an application under Section 482, Cr. P.C. praying for setting aside the order, dated 26.5.1995, passed by the learned Senior Municipal Metropolitan Magistrate, First Court, Calcutta in Case No. 41D of 1989 and to quash the said proceeding.

(2.) THE case of the petitioner in short is that on 13.6.1989 Food Inspector inspected the shop of the accused/petitioner and collected sample of an article of food, namely, "Tree Top (Mango)", one part of the sample was sent to analyst for analysis. The analyst gave the opinion that the article was mis - branded inasmuch as there was no mention of the quantity of Vitamin C on the label. Accordingly, after necessary sanction, a prosecution was launched.

(3.) LATER , the petitioner filed a petition under Section 245(2), Cr. P.C. before the learned Magistrate which was subsequently dismissed by the impugned order order 26.5.1995.