AMAR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed this petition praying that the proceeding which have been drawn up in pursuance of the summoning order (copy Annexure P.3) passed by the Sub-Divisional Judicial Magistrate, Samrala dated April 6, 1983, should be quashed.

(2.) WITHOUT going into the details of the grounds taken in the petition, in substance the allegations therein amount to these : On 23rd December, 1981 Dr. Sukhdev SIngh Mangat, Government Food Inspector, accompanied by Dr. A.K. Khullar went to the premises of the petitioner and purchased 3 packets of chillies powder containing 500 gms each from Amar Chand for analysis. After completing the formalities, the sample sent to the Public Analyst was found to be adulterated. It is said that at the time, the sample of chillies powder was purchased from Amar Chand petitioner, the latter told the Food Inspector that he had purchased the sealed packets containing chillies powder from M/s. Garg Masala Co. and also showed him the bill and the warranty obtained from the said concern. The Judicial Magistrate, however, found a prima facie case against the petitioners and M/s. Garg Masala Co. and accordingly summoned them for May 3, 1983. By means of the present petition that order of the Magistrate is sought to be quashed by invoking the provisions of Section 482 of the Code of Criminal Procedure, 1973.

(3.) A reading of the proviso shows that a bill, cash memorandum or invoice in respect of the sale of any article of food given by a manufacturer or distributor or dealer in such article to the vendor thereof shall be deemed to be warranty given by such manufacturer, distributor or dealer under that section. In this case, the learned counsel for the petitioner has placed on record the photostat copy of a cash memo issued by M/s Garg Masala Co., Samana Mandi, manufacturers of all kinds of spices, which indicates that packets containing chillies powder worth Rs. 330/- were sold to the petitioners on 16.10.1981. According to this proviso, this cash memo will be deemed to be a warranty in writing in the prescribed form given by the manufacturer under Section 14 of the Act.