SASHIKANT AND CO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under S.482 of the Cri. P.C. for quashing of the charges framed against the petitioners under Ss.485, 486 and 487 of the I.P.C. (hereinafter referred to as the "Code") and S.16(1)(a)(i) read with S.7(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the "Act").

(2.) When this matter was heard by one of us, namely Hon'ble Justice B.K. Behera, several important questions having arisen for consideration and no direct decision either of the Supreme Court or of this Court being there on the points, it was directed that the case be placed before a larger Bench for disposal and that is how the matter has come before the Division Bench.

(3.) On 5-8-1979, the godown premises of the petitioners was raided by Mangalabal Police people and several articles were seized. The seized articles were mustard oil. Vanaspati, coconut oil of different brands. After seizure, the Food Inspector of Cuttack Municipality drew two samples from mustard oil and palmoline oil and sent the same to the Public Analyst for analysis. The Public Analyst reported that the samples which had been sent for analysis were found to be in conformity with the prescribed standards Subsequently, on 12-10-1979, one Agmark Inspector was called by the Investigation Officer and samples of mustard oil having been drawn were analysed in the Agmark. Laboratory and according to the prosecution case, it was found to be adulterated Thereafter the Investigating Officer submitted charge sheet under Ss.417, 270, 273, 482 485, 486 and 487 of the Code and S.16(1)(a)(i) of the Act as well as Ss.78 and 79 of the Trade and Merchandise Marks Act. When the matter was considered before the Court for framing of charges the prosecution did not press for framing of charges under Ss.417 and 270 of the Code as well as Ss.78 and 79 of the Trade and Merchandise Marks Act and ultimately charges were framed under Ss.485, 486 and 487 of the Code as well as S.16(1)(a)(i) of the Act. The accused persons have prayed for quashing of the aforesaid charges.