GURMUKH SINGH Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of the Code of Criminal Procedure (Code - for short) for quashing complaint dated 25.11.1995 (Annexure P -1) pending in the Court of Chief Judicial Magistrate, Chandigarh, for an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, (as amended by Act No. 34 of 1976) (hereinafter to be referred as the 'Act').

(2.) NOTICE in the case was issued on 29.10.1991 and further proceedings were stayed.

(3.) FACTS leading to the present petition are that sample of un -indicated milk was taken by respondent No. 2 Government Food Inspector on 23.7.1985. The petitioner was found having in his possession about 20 kg of un -indicated milk for sale in Sector 38 -A, Chandigarh. The said milk was contained in a drum. A demand of sample of un -indicated milk by giving notice to the petitioner in Form IV prescribed under the Prevention of Food Adulteration Rules, 1955 (Rules - for short) was made and 700 ml/grms of un -indicated milk was purchased for analysis from the vendor. The same was divided into three equal parts after adding 18 of formalin as preservative in each bottle. Thereafter other formalities as fired under the Act and the Rules were completed. The report of the Public Analyst, Chandigarh was obtained which showed that the sample was deficient in milk fat by 40% and solid not fat by 27% of the prescribed standard. It was alleged that the vendor possessed the un -indicated milk for sale and thus has committed an offence under Section 7 of the Act and that action should be initiated against him under Section 16(1)(a)(i) of the Act.