SUBHASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Government Food Inspector of Rohtak obtained a sample of 'Namkeen Bhujia' which was for sale at the shop of Subhash Chander at Delhi Gate, Rohtak on 19.10.1987. The various formalities of weighing the sample and placing them into clean bottles were completed. It was not specified as to what particular content was considered adulterated or below standard.

(2.) A perusal of the report of the Public Analyst Ex. P-2 shows that it did not contain any acid dye or coal tar dye. The analysis was held probably on the presumption as if the mustard oil utilised in the 'Namkeen Bhujia' was to be tested. In the facts and circumstances, it could not be said that the mustard oil could be tested simply from the 'Namkeen Bhujia' itself. It is undisputed that there is no standard prescribed for Namkeen Bhujia under the Prevention of Food Adulteration Act, 1954 and the Rules framed thereunder. After hearing the learned counsel for the petitioner and the learned counsel for the State the revision is hereby accepted and the proceedings against Subhash Chander son of Kundan Lal in the Court of Chief Judicial Magistrate, Rohtak arc hereby quashed. Revision accepted.