GHANSHAM DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) (Oral) Ghansham Dass-petitioner by means of this petition under Section 482 of the Code of Criminal Procedure seeks quashing of the complaint dated 2nd August, 1984-Annexur P- 1 and the charge dated 26-9-1985--Annexure P-2, and the consequent proceedings.

(2.) ACCORDING to the averments made in the complaint Annexure P-1, the Food Inspector visited the shop of the petitioner on 9th June, 1984 and found him in possession of three kilograms of Haldi powder for sale. After serving notice in form VT, he purchased 600 grams of haldi powder as sample, which was divided into three equal parts and were sealed. One of the samples was sent to the Public Analyst, who certified on microscopic examination that the sample contained rice husk and rice starch. It also contained unpermitted metanil yellow coaltar dye and as such the petitioner was in possession of adulterated food.

(3.) MR . Atul Lakhanpal, Advocate, appearing for the petitioner, has urged that the chromatography test is not a sure test and the Public Analyst has not confirmed and ruled out the presence of any of the other colours. In support of his arguments he relied upon the observations of M. M. Punchhi, J. in Maya Ram v. The State of Punjab, 1987(2) Prevention of Food Adulteration Cases 320, which reads as under :-