MUKHANDI LAL AMAR NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this petition under Section 482 of the Code of Criminal Procedure, 1973 the petitioners seek quashment of proceedings initiated against them vide complaint Annexure P-l for offence under Section 16 of the Prevention of Food Adulteration Act, 1954 as well as the orders of the trial Court Annexures P-3 and P-4 ordering them to face summary trial, mainly on the ground that even if the allegations contained in the complaint are taken of be true, the petitioner are not liable for any offence under Section 16 the Act as the standard of purity of Garam Masala had not been prescribed by the legislature or the concerned authority in the relevant rules.

(2.) THE brief resume relevant for the disposal of this petition is that on 19-2-1988 six packets of Garam Masala each weighing 100 gms, bearing the trade name as Eagle Garatia Masala were seized by the Food Inspector from the premises of Gopal Krishan located in Partap Bazar, Floshiarpar and sent to the Public Analyst in the same condition. The Public Analyst vide bis report Annexure P-2 found that the sample fulfilled all the requirements of standard prescribed for curry powder except that Crude Fibre was more than the required percentage of 15 per ceat by 2. 76 per cent. The Food Inspector then lodged a complaint against M/s Amritsaria Gopal Krishan vendor and Proprietor of Sagar Agencies, Jalandhar City, distributor uader the manufacturer of this Garam Masala. Thereafter, on request of M/s Sagar Agencies, the present petitioner Mukandi Lal and Amar Nath were also summoned by the trial Court being the manufacturer of this Garam Masala as it was being sold in the same form in which the manufacturer had sold to the distributor who in turn sold the same to the dealer.

(3.) THIS petition is resisted by the respondent State mainly on the ground that curry powder and Garam Masala are inter-changeable means of the same commodity and the standard laid down by the legislature under item A 05 21 of Appendix 'b' to the Prevention of Food Adulteration Rules, 1955 for curry powder shall also be applicable to Garam Masala.