VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 of the Cr.P.C. for quashing of the complaint under Section 16 of the Prevention of Food Adulteration Act dated 21.04.2010 along with all consequential proceedings arising therefrom. Brief facts of the case are that on 27.08.2009, the Food Inspector being complainant along with one Dr. Hardeep Kaur inspected the premises of the petitioner and found him having about 30 sealed Jars of Shri Hari Deshi Ghee (each Jar of 500 ml.) in his possession for sale. The Food Inspector after disclosing his identity as alleged in the complaint and after giving a notice in writing on Form VI, randomly selected three jars of Shri Hari Deshi Ghee for the purpose of analysis and divided the samples into three equal parts. After receiving the analysis report, the said Food Inspector filed the complaint in the Court of Sub Divisional Judicial Magistrate, Anandpur Sahib (Ropar).

(2.) Accordingly, the present petition has been filed praying for quashing of the said complaint.

(3.) White praying for quashing the said complaint, learned counsel for the petitioner had submitted that the petitioner is a vendor and not a manufacturer. It was further stated by him that there is no dispute that the manufacturer was one Manorma Foods Private Limited and that the said samples were taken from the sealed jars.