RADHE SHYAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RADHE Shyam petitioner by means of this petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India seeks quashing of the complaint dated 1-3-90. Annexure P-1 and consequent proceedings pending in the Court of Chief Judicial Magistrate, Ropar.

(2.) THE petitioner is being prosecuted for an offence under Section 16 of the Prevention of Food Adulteration Act. According to the allegations contained in the complaint dated 1-3-90 Annexure P-1, the Food Inspector visited the premises of the petitioner on 12th October, 1989 and found him in possession of ten packets of Soya Chunks weighing 200 grams each for sale. After serving notice in form VI, he purchased three packets of soya chunks as sample. The sample packets were sealed separately and one of the same was sent to the Public Analyst. The Public Analyst declared the sample to be adulterated on the basis that on chromatography test, sunset yellow FCF was found present, that colour found was a coaltar food colour not permissible and the fact of this colour was not mentioned on the label and there was contravention of Rules 24 and 32 of the Prevention of Food Adulteration Rules.

(3.) I agree with the contention of the learned counsel for the petitioner that the trial of the petitioner on the basis of report of the Public Analyst Annexure P-2 cannot end in conviction. Thus the continuation of prosecution of the petitioner would tantamount to abuse of process of the Court.