RAVI GHAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Shop Inspector took sample of ice cream from the shop of Inderjit Singh on 9th June. 1982 The Public Analyst, on analysis of the sample, found that it contained 5.6% milk fat as against the minimum prescribed standard of 8%. On receipt of the certificate of the Public Analyst, Food Inspector filed a complaint under section 16 (1) (a) of the Prevention of Food Adulteration Act, against the petitioner Ravi Ghai and three others. Subsequently, on the request of the accused persons, the sample was sent to the Director Food Laboratory, Ghaziabad, for analysis. The Director of the laboratory reported that the sample contained milk fat of 8 5%, that is. more than the minimum prescribed standard. It was, however, further found that some starch was also present in the sample. The trial Magistrate on the basis of this report has decided to proceed with the case taking into consideration that the presence of the starch in the sample indicates hat the sample was found to be adulterated The petitioner has filed this petition under section 482, Code of Criminal Procedure for quashing the complaint as well as the proceedings taken in pursuance thereof by the Magistrate, and one of the grounds pleaded is that the presence of the starch in the sample not being a ground for prosecution in the complaint, the trial Court cannot take further proceedings on the complaint.

(2.) MR . H. S. Mann, Advocate appearing for the respondent. State of Panjab, has conceded that as the presence of the starch in the sample is not one of the grounds taken in the complaint for Prosecution of the accused, therefore, no proceedings can be taken on this complaint against the accused. it is admitted by him that in view of the, report of the Director, Central Food Laboratory, the complaint of the Food, Inspector has become infructuous and is, therefore, liable to be quashed. He has stated that the respondent -State will proceed further separately on the basis of the report of the Central. Food Laboratory in accordance with law.

(3.) IN this situation, this petition is allowed and complaint dated 20th August, 1982 (Annexure 'A'). as well as the proceedings taken by the trial Magistrate in pursuance thereof are hereby quashed.