ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing the complaint No. 28 dated December 15, 1988 (Annexure P-2) and charge-sheet dated March 18, 1993 (Annexure P-3).

(2.) THE petitioner has averred that on August 26, 1988 Shri Baldev Singh took the sample of Toffee Vicks Honey Drops from his premises. After dividing the same into three equal parts, one part was sent to the Public Analyst, Chandigarh and after receiving the report of the Public Analyst dated September 30, 1988 (Annexure P-1), the complaint was filed by Dr. Baldev Singh. Charge under Section 16(1)(a) of the P.F. Act was framed against the petitioner on March 18, 1993 (Annexure P-3) by the learned Chief Judicial Magistrate, Sangrur. He has further averred that complaint dated December 15, 1988 (Annexure P-2) and charge-sheet dated March 18, 1993 (Annexure P-3) are liable to be quashed as the trial court was not competent to take cognizance of the complaint filed by the said doctor against the petitioner because the contents of sample of Toffee Honey Drops, according to the report of the Public Analyst, were not of Toffee, but were of a product of Hard Boiled Sugar Confectionery. It has been further averred that the doctor in his evidence recorded on August 27, 1990 before the Additional Chief Judicial Magistrate, Sangrur stated that he had taken the sample of Vicks Honey Drops and subsequently, he made some cutting on Form No. VI. He has further admitted that Goli Vicks Honey Drops is Hard Boiled Sugar Confectionery. He further admitted that the contents of the sample which were analysed to be that of Hard Boiled Confectionery, then there is no defect in the sample. Copy of the statement of the doctor dated August 27, 1990 is attached with the petition as Annexure P-5.

(3.) THE Public Analyst, Punjab, Chandigarh while submitting his report, has stated in the concluding remarks that the contents of the sample are not of toffee but are a product which is resembling Hard Boiled Sugar Confectionery. With this report of the Public Analyst, the complaint will ultimately result in acquittal of the petitioners and the petitioner will be put to unnecessary harassment during the course of litigation.