M S KALHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C., is for quashing of complaint No.56 dated 29.01.2010, under the Prevention of Food Adulteration Act, 1954 (for brevity 'the Act'), pending in the Court of Sub Divisional Judicial Magistrate, Mohali (Annexure P-5), summoning order dated 29.01.2010 (Annexure P-6) and notice of accusition dated 11.03.2011 (Annexure P-13).

(2.) Brief facts of the case are that on 29.05.2009, the Food Inspector inspected the canteen premises of Mahindra and Mahindra company, Swaraj, Plot No.1, Industrial Area, Phase-IV, Mohali. The petitioner was found having 25 Kgs of curd in his possession, which was contained in an aluminum container. A sample of 900 grams of curd was taken/purchased, which was divided into three equal parts weighing 300 grams each. One sample was sent to Public Analyst, Punjab, Chandigarh. After analysis, the Public Analyst sent his report on 29.06.2009 (Annexure P-3).

(3.) After receipt of the report of Public Analyst, sanction to prosecute the petitioner was given on 11.09.2009 vide Annexure P-4/T and thereafter, the complaint dated 29.01.2010 (Annexure P-5) was instituted. The petitioner was summoned vide order dated 29.01.2010 (Annexure P-6). Thereafter, a notice dated 17.02.2010, under Section 13 (2) of the Act (Annexure P-7) for making an application for getting the sample re-analysed from Central Food Laboratory Mysore, was given to the petitioner. The second sample was requisitioned from Local Health Authority, Mohali and was sent to the Central Food Laboratory, Mysore, by the trial Court, vide order dated 30.07.2010 (Annexure P-10).