BANSI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) BANSI Lal petitioner by means of this petition under Section 482 of the Code of Criminal Procedure seeks quashing of complaint Annexure P -1 filed by the Government Food Inspector under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, pending in the Court of Chief Judicial Magistrate, Hissar, and all consequent proceedings.

(2.) THE petitioner is being prosecuted on the allegations that on 10th July, 1986 at 3.30 p.m., the Food Inspector inspected the premises of the petitioner and found him in possession of five kilograms of dal arhar for public sale. By serving notice in form VI and making dal homogeneous he purchased a sample of 750 grams for Rs. 4.00. This sample was divided into three equal parts, stoppered and sealed. One of the sample was sent to the Public Analyst, Haryana, which confirmed that the sample was coloured with added unpermitted metanil yellow coal tar dye and as such the petitioner was in possession of adultered food.

(3.) ACCORDING to the report of the Public Analyst, on its test for coloured by paper chromatography, added unpermitted metanil yellow coaltar dye was detected.