RAJ KUMAR Vs. STATE U T CHANDIGARH

JUDGEMENT

(1.) Gurdial Singh, complainant stated to have died by now as per the instructions of the learned counsel for the petitioner.

(2.) On 23-3-1987, complainant Gurdial Singh went to the Surya Spice Factory, located in plot No. 411, Industrial Area, Phase II, Chandigarh and purchased six packets of Haldi Surya Spices for Rs. 30/-, twenty packets of Mirch-Surya Spices for Rs.140/- and ten packets of Meat Masala from Raj Kumar accused-petitioner. Thereafter, lie happened to go inside the factory and found Raj Kumar mixing some Dal and other dirty material with the Masala in the grinder. On seeing this, the complainant tried to return the purchased articles to the accused-petitioner but the latter refused. Under these circumstances, the complainant left for the police station South, Chandigarh but happened to meet Sub Inspector Prem Singh, of CIA Staff on the way, who recorded his statement and seized the above referred packets after putting these in separate sealed parcels. The seized packets were sent to the Public Analysit for analysis an a on receipt of the report that the packets of Surya Garam Masala and Surya Mirch Masala were adulterated, the prosecution against the accused petitioner was launched for offences under Sections 420 1md272 of the Indian Penal Code (hereinafter referred to as the Code). The trial Court vide order dated 24n/1987 framed a charge- sheet for offences under Sections 420 and 272 read with Section 120-B of the Indian Penal Code against the accused petitioner.

(3.) The petitioner through this petition under section 401 of the Code of Criminal Procedure seeks the quashment of the order framing the charges, inter alia, on the ground that even if the entire allegations of the prosecution are taken to be true, no case for the above referred offences is made out against the petitioner. It is also stated at the bar by the learned counsel for the petitioner that regarding the same alleged samples of spices, five cases are pending against the petitioner under Section 7(1) read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.