DEEPAK SHARMA TAMULI Vs. STATE OF ASSAM

JUDGEMENT

(1.) IN this revision under Section 482 Cr. P. C. , the petitioner accused Shri Deepak Sharma Tamuli and the manufacturer, M/s Milk Food Ltd. , have approached this court for quashing the proceeding in CR case 309c/2000 pending in the court of the Special Judicial Magistrate, Kamrup, Guwahati.

(2.) WE have heard Mr. O. P. Bhati, learned counsel for the petitioner and the learned Public Prosecutor for the respondents.

(3.) ON 8. 9. 1999, the Food Inspector collected sample of Milk Food brand ghee from the shop premises of the petitioner No. 1 and the sample was sent to the public analyst, who submitted a report to the effect that the sample of ghee (Milk Food) is misbranded as per Rule 32 (e) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and the Rules of 1955 (hereinafter referred to as the Rules ). Subsequently the petitioner as well as the manufacturer were prosecuted in the above proceeding for manufacturing and storing for sale of misbranded ghee.