SUNDER LAL ALIAS SURINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY means of this criminal miscellaneous under Section 482 Cr.P.C., the petitioner seeks the quashing of the complaint Annexure P 1; orders framing charges, Annexures P2 and P3 and the order, Annexure P4 dated 3.4.1989. The petitioner is being prosecuted for offences under Section 16(1) (a)(i) read with Section 7 of the Prevention of Food Adulteration Act in the Court of the Chief Judicial Magistrate, Faridabad.

(2.) THE allegations made in the impugned complaint are that on 12.8.1983 the Food Inspector visited the premises of Surinder owner of the company, Bata Chowk, Faridabad. From the possession of Jagdish Chander, a salesman of the said Company, he purchased a sample of 'Knight King' Whisky after serving the necessary notice. The sample was divided into three parts and was duly labelled, wrapped and sealed. One of the sample bottles was forwarded to the Public Analyst who found presence of foreign matter therein.

(3.) SH . Mehtani, learned counsel who appears for the petitioner, has urged that the case relates to the year of 1983 and the charge was framed in the year 1988 and the learned Magistrate, again, in the year 1989 considered that the warrant trial should continue, one of the accused has been discharged and summoning of the other person as representative of respondent 3 had been ordered. Thus, the case is still continuing