KASHMIR SINGH DAIRYWALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed by the accused-petitioner, seeking quashment of the criminal complaint (copy Annexure P. 1) filed by the State through the Government Food Inspector under Section 7/16 of the Prevention of Food Adulteration Act, 1954 and under Rule 50 of the Prevention of Food Adulteration Rules, 1956 (hereinafter referred to as "the Rules").

(2.) It has been stated before me by the learned counsel for the petitioner that in view of the report of the Central Food Laboratory (copy Annexure P. 3), no offence under Section 7/16 of the Prevention of Food Adulteration Act would be made out against the accused-petitioner and, as such, the complaint was liable to be quashed on this ground alone.

(3.) A perusal of the order dated April 6, 1998 passed by the learned Magistrate, which has been reproduced in paragraph 4 of the petition, would show that on receipt of the report of the Central Food Laboratory, according to which the sample of milk was found to be in the prescribed norms, the learned Magistrate observed that since the complaint was also filed under Rule 50 of the said Rules, the case was adjourned for recording the pre-charge evidence of the complainant.