GURDIAL CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE facts as alleged in the present petition under section 482, Code of Criminal Procedure, are that the petitioners have been summoned in the Court of the Chief Judicial Magistrate, Jullundur, for being tried for an offence under section 16 (1) (a) of the Prevention of Food Adulteration Act, with the allegation that they were found to be in possession of a seated tin containing 161 kgs. of Vanaspati Ghee which was opened and samples whereof were taken and was ultimately found to be adulterated as per report of the Chemical Analyst. The prayer in the petition is for quashing of the said proceedings against the petitioners.

(2.) THE sole point which has been argued in the present petition is that while obtaining the samples of the Vanaspati Ghee, the provisions of Rule 22 -A of the Prevention of Food Adulteration Rules had been violated in that the canister of Vanaspati which was a sealed container was opened and samples of the Vanaspati Ghee were obtained therefrom, which could not have been so under the aforesaid Rule. For facility or reference, the Rule is quoted below :

(3.) THE point involved has been the subject -matter of consideration in several cases decided by this Court and it has been consistently held that violation of the above Rule is fatal to the case of the prosecution. There is no dispute that the samples in the present case were obtained after cutting open the sealed tin containing Vanaspati Ghee. The learned counsel for the State has tried to contend that only one tin was available at the shop and hence there was no other option except to cut open the tin and obtain samples. This is not purport of the Rule noticed above. According to the said Rule, if the contents of even one of the containers are enough, to meet the requirement of the quantity, prescribed in Rule 22, the whole of the container shall be treated to be a part of the sample. Obviously the cutting of the tin has resulted in violation of the mandatory Rule which is bound to cause prejudice to the petitioners. In these circumstances, the complaint filed against the petitioners under the Prevention of Food Adulteration Act and the subsequent proceedings based upon the said complaint are hereby quashed. Order accordingly.