OMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE this judgment, the above mentioned two petitions, would be disposed of, filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No. 192 dated 2.7.2009 registered under Sections 7 of the Essential Commodities Act, 1955('the Act' for short) and under Sections 272/273/420 of the Indian Penal Code, 1860 (for short 'IPC') (Annexure P1) registered at Police Station Dharuhera District Rewari alongwith all consequential proceedings arising thereto. Learned counsel for the petitioners has submitted that the samples of milk were drawn by the Food Inspector from the tankers which were under the care of petitioner -Ombir from the Chilling Centre of Orient Agro Private Ltd. Dharuhera. Four samples of milk were drawn. The said samples were sent for chemical analysis. As per the report of the Public Analyst, it was found that the samples were not of prescribed standard in view of item No. A. 11.1.11 of the Prevention of Food Adulteration Rules, 1955 (for short 'PFA Rules'). Thereafter, the Food Inspector had filed four complaints against Ombir and Puran under Section 16 of the Prevention of Food Adulteration Act, 1954 (for short 'PFA Act'). FIR in question was registered against the petitioners and the same was liable to be quashed as the Food Inspector had already resorted to the remedy under the PFA Act. Learned counsel has submitted that no criminal offence under IPC was made out in the present case.

(2.) LEARNED State counsel, on the other hand, has opposed the petition.

(3.) IN the present case, the Chilling Centre Oriental Agro Pvt. Ltd. was checked on 28.5.2009. Four samples of milk were drawn from the tankers which were under the care of petitioner Ombir. The samples were sent for chemical analysis. The Public Analyst, vide its report Annexures P5 to P8, opined that the samples did not contain the requisite milk fat and milk solid as per the prescribed percentage in table below item No. A.11.1.11 of PFA Rules. Thereafter, four complaints under the PFA Act were filed by the Food Inspector against Ombir and Puran.