CHAND KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHAND Khan petitioner, who is being prosecuted under section 16(1)(a) of the Prevention of Food Adulteration Act has come in this petition under section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing of the complaint dated 16th July, 1988 and the charge-sheet dated 3rd August. 1989.

(2.) THE facts, on the basis of which the petitioner is being prosecuted as drawn from the complaint Annexure P-2 may be briefly stated.

(3.) AS per report of the Chemical Examiner Annexure P.1 the milk fat was 6.9% and milk solids not fat 8.7%. On this basis the learned counsel for the petitioner urges that the fat being more than the prescribed standard and the deficiency in milk solids not fat being only marginal there could be an error in the method of taking of the sample and the sample cannot be definitely said to be adulterated. Similar situation was examined by the D.B. of this Court in State of Punjab Versus Som Nath 1991(3) Recent Criminal Reports 123. The Bench approved of the observations in an earlier judgment of this Court in Hans Raj v. The State of Punjab 1980(2) Food Adulteration cases 396, where it was observed: