KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KARTAR Singh has through this petition under Section 482, Code of Criminal Procedure (for Short' the Code') prayed for quashing the complaint and criminal proceedings pending against him in the court of Shri D.S. Chatha, Judicial Magistrate Ist Class Ludhiana, under the Prevention of Food Adulteration Act.

(2.) DR . Sukhdev Singh Mangat, Food Inspector, filed a complaint on Ist February, 1982, against the petitioner alleging that he lifted a sample of cow milk for analysis from the petitioner on 24th October, 1981, the Food Inspector took 660 ml of cow milk. He sent one sample for analysis to the Public Analyst, Punjab, Chandigarh through registered post. After receiving the report of the public Analyst through the Civil Surgeon, Ludhiana, who is the local Health Authority, Ludhiana the Food Inspector filed a complaint against the petitioner in the court of Shri D.S. Chatha, Judicial Magistrate Ist Class, Ludhiana, because the sample of milk was found adulterated.

(3.) MR . Sawhney, the learned counsel for the petitioner, by referring to the complaint filed by the Food Inspector has contended that the source of authority for filing the complaint is the directions issued by the local Health Authorities (civil surgeon), Ludhiana, on receipt of the report from the Public Analyst, Punjab. This contention is apparently based on a misconception of facts. It is not in dispute and in fact could not be disputed by the learned counsel for the petitioner that Dr. Sukhdev Singh had been appointed a Food Inspector vide Notification No. Drugs (4) Pb- 79/7653, dated 26th April, 1979. Thereafter another notification was issued on 14th March, 1980, by the Health and Family Welfare Department. A copy of the same has been placed on the file by Shri R.S. Palta, the learned counsel appearing for the State. It reads as under :-