STATE OF PUNJAB Vs. RAJ KUMAR

JUDGEMENT

(1.) ASHOK Kumar shopkeeper (a Halwai) and Raj Kumar, his employee, were summoned by Judicial Magistrate Ist Class, Dhuri, as accused in a case on the allegation that they had kept for sale substandard Bessan Maida Ladoos at their shop. Preliminary evidence was recorded and the parties were heard by the learned Magistrate. The argument on behalf of the accused that there was no denial of the fact that the sample of the ladoos was taken by the Food Inspector in a cardboard box which was not permissible under the Rules found favour with the Magistrate. He discharged both the accused vide his order of November 16, 1988. Feeling aggrieved, the State has challenged the said order through revision petition.

(2.) I have heard the learned Counsel for the parties. Shri I.P.S. Sidhu, the learned AAG for the State has contended that as per rule 14 of the Prevention of Food Adulteration Rules, 1955, sample of the incriminating article could be taken in clean dry bottles or jars or in other suitable containers. His submission is that cardboard box fell within the term "other suitable container" occurring in the said rule and, therefore, the learned Magistrate has legally erred in discharging the accused.

(3.) IN view of above discussion, this petition is without merit and is dismissed. No fault can be found with the impugned order and the same is confirmed. Petition dismissed.