ANIL AGARWALLA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By filing this application under section 482 Cr.P.C., the petitioner has sought for quashing the proceeding of C.R. case No. 91 of 2011 under Section 2 & 7 read with Section 16 of Prevention of Food Adulteration Act, 1954 pending in the Court of Smt. K. R. Deka, Judicial Magistrate, 1stClass, Sivasagar.

(2.) Heard Md. Aslam, learned counsel for the petitioners and Mr. H. Sarma, learned Addl. P.P., Assam.

(3.) The facts in brief may be narrated as under: On 29.10.2010 the Food Inspector alongwith other visited the petitioners firm M/s Tirupati Water Industriesin Dorikapar Industrial Estate, Sivasagar, District: Sivasagar, Assam for inspection of Packaged Drinking Water (Dew Drops Brand). After inspection he collected three samples of packaged drinking water under sealed jars containing 20 litres each, as per the procedure laid down in Prevention of Food and Adulteration Act & Rules. One of the samples was sent to public Analyst through messenger and the public analyst reported that the sample of packaged drinking water is found to be contaminated with Caliform Bacteria and hence adulterated according PFA Rules. The joint Director of Health Services, Jorhat gave necessary sanctioned for prosecution against the petitioners. The complaint was filed before the Chief Judicial Magistrate, Sivasagar on 16.07.2011. On 20.07.2011 the Local Health Authority sent a notice to the petitioners notifying that they can get the sample analysed from the Central Food Laboratory. On 04.08.2011, the writ petitioners filed a petition before the Chief Judicial Magistrate requesting him to send a sample to Central Food Laboratory and the said prayer was allowed. As per the order of the Court the petitioners deposited requisite fee for sending the sample. As per the order dated 05.01.2012 passed by the Chief Judicial Magistrate it appears that sample could not be sent through Registered Post as it was above 20 kg. Thereafter several days were fixed for necessary order and on 12.12.2012 a petition was moved before the trial Court on behalf of the petitioners that in absence of report from Central Food Laboratory the trial should not continue. Moreover the expiry period of mineral water is 1 month from the date of manufacturing and it was already over. The matter was posted for necessary order. On the date so fixed, the learned trial Court issued non-bailable warrant of arrest against the petitioners as they were found absent.