SAT PAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing of the complaint (Annexure P2) and the proceedings arising therefrom under the Prevention of Food Adulteration Act, 1954 (hereinafter to be referred as the Act).

(2.) BRIEFLY , the case of the complainant is that on 30.8.1983 the Food Inspector took the sample of Vanaspati No. 1 out of a sealed tin from the shop of Kali Ram son of Moti Ram, proprietor Kali Ram Rajinder Parshad, Anaj Mandi, Vanaspati Dealer, Sonepat. On the basis of the report of the Public Analyst (Annexure P1), the sample was found adulterated inasmuch as it gave melting point 27 degree against the minimum prescribed standards of 31 degree. The petitioner as Depot Manager, Ganesh Flour Mills, Co. Ltd., Vanaspati sales Depot, Kundli District Sonepat was also booked in this case.

(3.) THE respondent/State has refuted the contention of the petitioner by filing a detailed reply, in which it has been submitted that the sample of Vanaspati was taken out of a sealed tin marked as No. 1 Vanaspati and as such there was no violation of Rule 22-A of the Rules. It is further contended that even otherwise, the report of the Public Analyst is final and per se admissible and if the petitioner had any grouse, he could get the sample re- analysed from Director Food Laboratory by moving an application before the Court, but since no such application was filed by the petitioner, he is not deprived of his right as envisaged under Section 13(2) of the Act.