TEK CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed by Tek Chand under section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing the complaint Annexure P/2 and resultant proceedings thereof pending in the Court of Judicial magistrate Ist Class, Panipat under the Prevention of Food Adulteration Act, 1954.

(2.) THE brief facts of the case are that on 30-8-1984 Shri A.N. Sharma, Food Inspector, inspected the premises of Tek Chand who was having in his possession about 10 litres of cows milk for public sale. The Food Inspector demanded a sample of the milk for analysis and purchased 660 mili-litres of cow milk which was divided into three equal parts and was sealed into three dry and clean bottles in accordance with the rules. One sample was got analysed from Public Analyst, Haryana, who found that the sample contained milk fat 8.0% and milk solids not fat 7.5%. The sample was deficient in milk solids not fat contents to the extent of 12% of the minimum prescribed standard. Thus, complaint for the trial of the petitioner for an offence under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 was presented.

(3.) IN the return filed by the respondent the averments made in the petition were denied.