RAJBIR SINGH Vs. STATE OF 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 Sections 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act), and under Rules 49(24) and 50 of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the Rules).

(2.) In the petition under Section 482, Cr.P.C. it was alleged by the accused-petitioner that on 9-8-1999, he was present at Sekhon Grant Hotel and Restaurant, Jalandhar City, when Sukhrao Singh, Government Food Inspector, Jalandhar, appoached him. It was further alleged that since the petitioner was running the business of restaurant, said Sukhrao Singh took sample of Red Chillies, which were available at the "petitioner's abovesaid premises of the restaurant". It was alleged that even though the petitioner had told the said Food Inspector that the Chillies were not being kept for sale to any customer, yet he insisted and forcibly took sample of Chillies and got the signatures of the petitioner on various documents. It was alleged that later on, the petitioner came to know that the sample, taken from him, had been got analysed from the Public Analyst, who had given his report dated 13-9-1999 had declared the sample to be not conforming to the standards of purity. It was alleged that on the basis of the said report of the Public Analyst, Sukhrao Singh, Govt. Food Inspector, had lodged criminal complaint against the petitioner. It was alleged that the criminal complaint, in question, as liable to be quashed, firstly on the ground that as per the report of the Public Analyst, the sample of Chillies was found to be adulterated because of the presence of the colouring material of red shade, which had been found on the basis of paper chromatography. It was alleged that the test of paper chromatography was not enough for holding the sample to be adulterated. Secondly, it was alleged that since the red chillies were not kept for sale, as the petitioner was running a restaurant, it could not be said that the petitioner had committed any offence. It was alleged that on these grounds, the criminal complaint, filed by theGovt. Food Inspector, against the petitioner, was liable to be quashed.

(3.) The said petition was contested by the Govt. Food Inspector, on behalf of the State, by filing written reply, alleging therein that he along with Dr. Rajiv Sharma, under the supervision of Dr. H. S. Minhas, had inspected, visited the premises of Sekhon Grand Hotel and Restaurant, Jalandhar, where Rajbir Singh, petitioner, was found present and he had disclosed that he was the Managing Director of the said Hotel. It was alleged that the accused-petitioner was having about 3 kgs. of Lal Mirch Powder (red chilies powder) contained in a steel bowl in the kitchen of the hotel premises, for preparation of various food articles to be served to the customers/public, for human consumption. It was alleged that after disclosing his identity, the deponent had shown his intention to take sample of Lal Mirch Powder for analysis and hence, necessary notice was served, which was received and signed by the accused-petitioner and thereafter the deponent had purchased 600 gms. of Lal Mirch Powder from the accused-petitioner against payment of Rs. 36/- under a valid receipt, which was duly signed by the accused-petitioner. It was alleged that after receipt of the report of the Public Analyst that the Lal Mirch Powder was adulterated, the prosecution was launched against the accused-petitioner by filing a criminal complaint. It was alleged that as per the report of the Public Analyst, the Public Analyst had applied all the three tests, i.e. Wool Dyeing, Silk Dyeing and paper chromatography test for detection of added colour (synthetic added colours) and had opined that the contents of the sample were found adulterated. It was alleged that the Lal Mirch Powder was being used for the preparation of various items/articles in the Hotel kitchen for consumption of public/customers.