P.N. MATHUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed praying that the order dated 10 December. 1987 (Annexure P-2) should be quashed.

(2.) THE facts relevant to filing of this petition are that on 23-3-1984, the Food Inspector, Yamunanagar, took a sample of the ice cream from the shop of Dial Ghai son of Shri Bhim Sain. On analysis, the Public Analyst found the ice cream was not up to the prescribed standard and accordingly a complaint/Annexure P-1 was filed by the Food Inspector against Dial Ghai aforesaid and the proprietor of Messrs Mala Cool Corner, Yamunanagar who was said to be the distributor of the ice cream. The complaint was filed on 23rd March, 1984. Thereafter, the petitioner was also impleaded as an accused being the manufacturer of the ice cream. Charge against the petitioner was accordingly framed by the trial Magistrate on 7-11-86 and evidence against the accused was also recorded on various dates. On 10th December, 1987however, the Judicial Magistrate Ist Class, Jagadhri made the impugned order holding that the offence under section 7 read with section 16 of the Prevention of Food Adulteration Act was triable summarily in view of the provisions of section 16-A of the Act. It is against this order that the petitioner has come before this Court.