RAJESH KUMAR Vs. STATE

JUDGEMENT

(1.) Rajesh Kumar, petitioner has sought the quashing of the complaint under section 19(l)(a)(i) of the Prevention of Food Adulteration Act read the Sec. 20 of the Prevention of Food Adulteration Rules, pending in the Court f the Chief Judicial Magistrate, Chandigarh.

(2.) The brief facts of the case arc that on 9-8-1959. Food Inspector Vireshwar Singh took sample of Dal Arhar from the premises of M/s Nirmal Departmental Store. He sent one of the samples to the Public Analyst and on receipt I report from him. He lodged the complaint Annexure PI.

(3.) The prosecution is challenged on the basis that it was not launched by a duly authorised person. At the time of arguments, the learned counsel for the petitioner confined his arguments to the ground No. 2(d) of the petition. The complaint id been filed by Shri Jag Pal, Prosecution Inspector who was authorised by Dr. A.P. Large to launch the prosecution. It is urged by the learned counsel that Dr. A.P. Garg, was authorised to launch prosecution by the Chandigarh Administration, had authority to further delegate his powers.