SAHIL BANSAL AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the Criminal Complaint No. 85 dated 05.02.2009 (Annexure P -1) titled State Vs. Sahil Bansal and Another under Sections 7 /16 of the Prevention of Food Adulteration Act, 1954 (in short 'Act') and Rule 50 of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred as 'Rules') and all the subsequent proceedings arising therefrom including summoning order dated 06.02.2009 (Annexure P -2). Learned counsel for the petitioner has submitted that as per the report of the Central Food Laboratory, Mysore, the second sample of Sohan Halwa which was sent for analysis confirmed to the general standard prescribed for the said food article under the Act. Learned counsel has further submitted that as per Section 13(3) of the Act, the certificate issued by the Central Food Laboratory supersedes the report given by the Public Analyst under sub -section 1.

(2.) LEARNED State Counsel, on the other hand, has submitted that although, the report submitted by the Central Food Laboratory, Mysore had come in favour of the petitioner, but he was liable to be proceeded qua violation of Rule 50 of the Rules.

(3.) SECTION 13(3) of the Act reads as under: -