SARDARI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) SARDARI Lal has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the complaint under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (Act for short) i.e. Case No.59 -3 of 19.12.1989 and charge framed therein on 19.12.1989 and again on 30.1.1990.

(2.) THE petitioner alleged that a complaint was filed against him on the allegations that on 28.9.1989 at about 3 P.M. he was found in possession of a drum containing 45 Kilograms of mustard oil which was meant for sale and the Food Inspector obtained a sample of mustard oil from that drum. The sample was got analysed and the Public Analyst reported vide his report Annexure P -1 that the sample was not free from suspended matter. On 19.12.1989 a charge was framed against him and complaint was registered in Summary Register. On 30.1.1990, the Sub Divisional Judicial Magistrate, Hansi opined that the case should not be tried in a summary manner and warrant procedure should be adopted. A fresh charge was then framed.

(3.) THE petitioner assailed the complaint and the order of the Trial Court dated 30.1.1990 on the grounds that the Judicial Magistrate could not adopt the procedure for a warrant case after the case was entered in a Summary Register and the order dated 30.1.1990 was an abuse of the process of the court. The report of the Public Analyst did not mention anywhere that the sample was unfit for human consumption. The report was vague and was unsustainable in the eyes of law. No case was made out against the petitioner.