LAWS(P&H)-1993-9-147

MAHLA RAM Vs. STATE OF PUNJAB

Decided On September 22, 1993
MAHLA RAM Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) MAHLA Ram, petitioner by means of this petition under Section 482 of the Code of Criminal Procedure seeks quashing of the complaint pending in the Court of Chief Judicial Magistrate, Jalandhar, for offence under Section 7 read with Section 16(1)(i)(a) of the Prevention of Food Adulteration Act.

(2.) COMPLAINT , Annexure P -2 was lodged by the Food Inspector on the allegations that on 23rd November, 1987, he visited the premises of the petitioner and found him in possession of one kilogram of garam masala. After serving him with notice in writing in form VI, he purchased 450 grams of masala which was divided into three parts in three dry, clean, empty bottles, which were duly stoppered, labelled and sealed. One of the samples was sent to the public analyst, who confirmed that the sample contained 25 living and 15 dead insects. This report of the public analyst is dated 22nd December, 1987.

(3.) THE petitioner has mainly challenged the prosecution on the basis that the complaint Annexure P -2 was filed with delay and is dated 25th May, 1993 and such delays in launching the prosecution under the Act have been condemned by the Hon'ble Supreme Court.