SANGITA TRADERS Vs. P K DAS

JUDGEMENT

(1.) By filing this petition under S. 482, Cr. P.C., the petitioner has prayed to quash the proceeding in 2(c) CC No. 32 of 1993 under S. 16(1)(a)(i) read with S. 7(i) and (v) of the Prevention of Food Adulteration Act pending in the Court of learned Sub-Divisional Judicial Magistrate, Balliguda.

(2.) On 27-3-1991 at about 11.00 a.m. Food Inspector, Phulbani visited the shop of the petitioner and having suspected food articles viz., Bengal gram Dal and Turmeric powder to be adulterated, made statutory purchase From there articles and kept the same in separate bottles. On the next day he sent one of the bottles from each article to the Analyst who on examination reported 'Bengal gram dal' to be adulterated. On receipt of such report the Food Inspector obtained consent as required under law and launched prosecution against the petitioner.

(3.) The grievance of the petitioner is that after a long passage of time of taking sample i.e. more than two years prosecution was launched and because of such delay he has been highly prejudiced and, therefore, the proceeding should be quashed. In support of such contention he has relied upon a decision of the Apex Court in Nebh Raj v. State (Delhi Administration) (1980) 2 FAC 191 : (1981 Cri LJ 3).