ROSHAN LAL Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) ROSHAN Lal petitioner by means of this petition under Section 482 of the Code of Criminal Procedure read with Articles 226 of he Constitution of India seeks quashing of the complaint Annexure P-2 and all consequent proceedings.

(2.) THE petitioner is being tried for offence under Sections 7 and 16(1)(a)(i) of the Prevention of Food Adulteration Act (37 of 1954). The allegations made against the petitioner in brief are to the effect that on 23rd March, 1984, Balbir Singh Inspector visited the premises of Duni Chand, who was found in possession of sixty kilograms of mirch kutti for sale. After serving notice in form VI, the Food Inspector purchased 450 grams of mirch kutti for Rs. 1.85 p. The same was divided into three equal parts, bottled in three dry clean bottles, which were duly labelled, stoppered and sealed. On examination by the Public Analyst it was found that the sample contained rice starch and rice husk and was also coloured with added oil soluble red coaltar dye.

(3.) LEARNED counsel for the petitioner has urged that rice starch and rice husk are not articles injurious to health and the Public Analyst having not specified as to the exact quantity of these items, no prosecution is competent and further that the paper chromotography test is not a true test to determine the dye found present in the soluble. The Public Analyst has also not specified that red coaltar dye was one of the dyes the use of which as prohibited in the food.