ASHOK KUMAR Vs. THE STATE

JUDGEMENT

(1.) ASHOK Kumar Petitioner, by means of this criminal miscellaneous under Section 482, Cr.P.C. seeks the quashing of the proceedings pending in the Court of the Chief Judicial Magistrate, Chandigarh in the complaint case, State v. Ashok Kumar under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act.

(2.) THE petitioner is being tried on the basis that a sample of Besan kept by the petitioner had been drawn by the Food Inspector which was found to be adulterated. On 23-1-1989, a charge was framed by the Chief Judicial Magistrate, Chandigarh. On 25-3-1991 the learned Magistrate found that the offence was serious and a sentence of more than one year could be awarded and that it was a case which should be tried as a warrant trial. It was probably due to inadvertence that a specific order to that effect had not been passed when the charges were framed. He then directed that the case be tried as a w warrant case and that the same be fixed for pre-charge evidence.

(3.) SO far as the first contention of the learned counsel is concerned I find no merit in the same. The complaint contains all the details with respect to the sample drawn and the report made by the Public Analyst.