BHUPINDER SINGH Vs. FOOD INSPECTOR CIVIL HOSPITAL PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482, Cr.P.C. filed by the accused petitioner, seeking quashment of the criminal complaint under Section 7 read with Section 16 (1)(a)((i) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and also seeking quashment of the order 2-8-2000 passed by the Addl. Chief Judicial Magistrate while ordering the framing of charge under the aforesaid sections.

(2.) Annexure P-2 is the copy of the criminal complaint, titled as Food Inspector v. Amarjit Sharma and others, filed by Dr. Charanjit Pal Garg, alleging therein that he had been authorised to launch prosecution, vide Punjab Government notification dated 23-5-1989. It was also alleged by Dr. Charanjit Pal Garg that he was appointed as Food Inspector under the provisions of the Act for whole of the State of Punjab and for all the local areas of District Bhathinda, vide Punjab Government Notification dated 29-11-1982. It was further alleged by him that on 16-9-1997 he had inspected the premisis of co-accused Amarjit Sharma at Kamal Cinema, Bhatinda and found him in possession of 20 packets of 45 grams each of Ruffles Lays potato chips for human consumption. It was further alleged that after disclosing his identity as Food Inspector, he had demanded a sample of potato chips by serving notice and thereafter had purchased 6 packets (45 grams each) of potato chips from co-accused Amarjit Sharma against payment of Rs. 60.00 for analysis. It was further alleged that each sample was properly sealed etc. and the signatures of the accused were also obtained on each sealed packet and one sealed packet of the sample was sent to the Public Analyst, Punjab, Jalandhar in a sealed cover along with a copy of Form VII bearing the seal impression and another copy of Form VII bearing the seal impression of was also sent to Public Analyst separately in a sealed cover. It was further alleged that the remaining two parts of the sample were deposited with the Local Health Authority, Bhatinda. It was alleged that as per the report of the Public Analyst, the sample were not labelled in accordance with the provisions of Rule 32 of the Act and these samples were misbranded. It was alleged that co-accused Amarjit Sharma had committed the aforesaid offence being found in possession of the aforesaid potato chips, while co-accused Promod Kumar had been impleaded as owner of the canteen and thus the person responsible for the conduct of the business, while co-accused Darshan Singh had been impleaded in the case because he was stockist of the said product, while the General Manager, Pepsi Foods Limited had been impleaded because he was manufacturer of the said product.

(3.) Annexure P-3 is the copy of the order dated 2-8-2000 passed by the learned Addl. Chief Judicial Magistrate, Bhatinda, vide which all the aforesaid accused were ordered to be charged under Section 16(1)(a)(i) of the Act having violated Section 7 of the said Act. The present petition under Section 482, Cr.P.C. has been filed by accused petitioner Bhupinder Singh, General Manager, Pepsi Food Limited, seeking quashment of the aforesaid criminal complaint and the aforesaid order dated 2-8-2000 passed by the learned Magistrate ordering the framing of charge against the accused persons.