ROSHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition, under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) relates to quashment of complaint, Annexure P1 filed by the' Food Inspector under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954, (hereinafter referred to as the Act) in the Court of Chief Judicial Magistrate, Ambala on 7th of July, 1981, and consequent proceedings taken thereunder.

(2.) ACCORDING to the allegations in the complaint on 9th of May, 1981 at 9 a m. Natha Singh, Government Food Inspector along with Dr. H. R. Goyal found Roshan Lal having in his possession 7 litres of cow's milk meant for public sale contained in a drum. After giving him notice in writing on form VI prescribed under the Rules, the Food Inspector purchased milk for sample on payment of Rs. 1.65. The milk so purchased was divided and put into three dry and clean bottles. 18 drops of formal in were added in each bottle as preservative. The bottles were duly stoppered, labelled and wrapped in a strong thick paper. Paper slip was pasted around each bottle which bears the singnatures of the local health authority. Signatures/thumb impression of the accused were taken on the outer cover of the sample bottles. The paper cover on the bottles was further secured and fastened and twined with thread and sealed with two distinct seals of the Food Inspector and Dr. H. R. Goyal. One of the sample bottles along with copy of memorandum in form VII was sent for analysis to Public Analyst, Haryana, whereas the remaining two bottles were sent to the Local Health Authority. As per report of the Public Analyst, the sample of milk was adulterated as it was found deficient in milk solids not fat by 5 per cent of the minimum prescribed standard.

(3.) COMMENTS of the trial Court were obtained concerning the delay in completion of the trial. According to the comments of the trial Court the case could not be decided earlier due to strike of the members or the Bar at Ambala for a continuous period of 2-1/2 years and on various dates later on, transfer of Presiding Officer; absence of the accused; personal accused exemption sought by the accused and on account of adoption of different procedure by the trial Court.