DALMIA DAIRY INDUSTRIES LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prayer contained in this petition filed under Section 482, Cr.P.C. is to quash the complaint, Annexure P/3, summoning orders, Annexures P/8 and P/9 proceedings pending in the Court of Judicial Magistrate, Fatehabad and also the order of Judicial Magistrate Ist Class, dated 19.2.1983, vide which the petitioner has been impleaded as an accused.

(2.) BRIEF fact of this case are that on 28.12.1983, the Food Inspector Shri R.R. Jindal along with two other persons visited the shop of Ram Chand son of Atma Ram, Karyana merchant at Thana Road, Fatehabad, and found in his possession seven boxes of 'Milk Food' (Sapan) for public sale and each tin contained 500 gms. A notice under Form VI was given to the seller and three boxes of milk food were purchased by the Food Inspector. All the samples were duly sealed and paper slips bearing code number and signatures were put on the boxes. One part of the sample was sent to the Public Analyst for analysis in a sealed packed and the Public Analyst, vide its report dated 31.1.984, opined that the sample gives ash insoluble in Hydrochloric Acid 0.07% against the maximum prescribed standard of 0.05%.

(3.) IT is, inter alia, pleaded in the affidavit afore-said that the standard of quality of Infant Milk Food has been given in Item No. A.11.02.18 in Appendix 'B' of the Prevention of Food Adulteration Act, 1954. At the time of filing of this petition for quashing, the requirement was that Ash Insoluble in dilute Hydrochloric acid should not be more than 0.05%. However, during the pendency of the above said petition, standard of quality of Ash Insoluble in dilute Hydrochloric Acid has been changed in the year 1991, raising specification from 0.05% to 0.1%. Thus, according to the changed standard of quality of Infant Milk Food, no case of food adulteration is made out against the petitioner.