TEA LEAVES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners seek the quashing of complaint under Section 16 (1) (a) (1) of the Prevention of Food Adulteration Act, 1954, Annexure P-3 dated 22.10.2007, and summoning order dated 22.10.2007, Annexure P-4 and all the proceedings emanating therefrom.

(2.) The case of the prosecution against the petitioners is that on 30.03.2007, the Food Inspector inspected the premises of M/s Singla Traders and took the samples of Tea Leaves from the packer of which the address of the manufacturer and packer was described as follows: - 'Tea, packed by MTL International (P) Ltd. B-35, Udyog Kunj Panki-5, Kanpur, Net Weight: 250g code JY/YD, Repacked 01/07 Best before 12 months from date of packing, MOHANI Tea Leaves (P) Ltd-61/211, CANAL Road, Kanpur. ' Although the ingredients of the sample fulfilled all the requisites as per the Rules but the prosecution was launched solely on the ground that the project had not been lebelled in accordance with the provisions of Rule 32 of the Prevention of Food Adulteration Rules, 1955 as the 'complete address' of its packer has not been given as such, the sample was described as misbranded. I have considered the facts and circumstances of this case. Rule 32 of the Prevention of Food Adulteration Rules, 1955, reads as follow: -

(3.) It can be said that the "complete address" would be that address where its manufacturer and packer identified and located.