SUGAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Crl.PC filed by the accused petitioner, seeking quashment of the criminal complaint filed by the Food Inspector under the provisions of Prevention of Food Adulteration Act, 1954.

(2.) IN the petition, it was alleged that as per allegations male in the criminal complaint, Shri R.D. Goel, Food Inspector, inspected the premises of accused petitioner on 21.1.1987 and had taken the sample of "Zira Safed". After receiving the report of the Public Analyst that the sample contained 6 living weevils, 6 dead weevils and 26 living meal worms (copy Annexure P1), the aforesaid criminal complaint was filed by the Govt. Food Inspector before the Judicial Magistrate (copy Annexure P2). It was alleged that the criminal complaint and all subsequent proceedings taken thereon by the Judicial Magistrate were abuse of the process of the court and were liable to be quashed on the ground that the Public Analyst had nowhere mentioned that the article of Food "Zira Safed" was insect-infested or was unfit for human consumption. It was accordingly prayed that the criminal complaint be quashed.

(3.) THE learned counsel for the petitioner submitted that in this case, as per report of the Public Analyst, 6 living weevils, 6 dead weevils and 26 living meal worms were found in the sample and that it could not be said that the sample was insect-infested or was unfit for human consumption. However, during the course of arguments. The learned counsel for the petitioner admitted before me that "weevils" are "insects". In support of his submission that the criminal complaint and subsequent proceedings taken thereon were liable to be quashed on the ground that neither the sample was insect-infested not the Public Analyst had reported that the sample was unfit for human consumption and thus the criminal proceedings taken thereon were liable to be quashed, learned counsel for the petitioner placed reliance on the following authorities :-