ASHWANI KUMAR Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THROUGH this petition filed under Section 482 of the Code of Criminal Procedure, Ashwani Kumar accused-petitioner seeks quashment of the complaint filed against him for offence punishable under Section 16(1)(c) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and the charge framed against him for the above referred offences on the ground that the trial Court had no jurisdiction to try the case as summary case at the fag end of the trial especially when the case was being tried as warrant case in violation of the mandate of Section 16 of the Act.

(2.) IN brief, the facts relevant for the disposal of this petition, are that on August 2, 1986 at about (sic) Ashwani Kumar accused was found carrying 80 kilograms of unindicated milk in two drums for public sale in the area of Thanesar. The Food Inspector purchased 750 milliliters of unindicated milk and after dividing it in three equal parts preserved it by adding the requisite quantity of formalin. The bottles were sealed and stoppered. One of the sealed samples was sent to the Public Analyst Haryana at Chandigarh, who found it to be deficient in milk solids not fat by 8 per cent of the minimum prescribed standard. On receipt of the said report, the above referred complaint was lodged against the accused petitioner.

(3.) DURING the pendency of the trial, the petitioner opted to get one of the samples tested from the Director, Central Food Laboratory, who vide his report (Annexure P-3) opined that the sample is not free from the presence of foreign fat and does not confirm the standards laid down for mixed milk under the Provisions of the Act and Rules framed thereunder. On receipt of this report, the trial Court vide order dated April 1, 1987 (Annexure P-5) ordered that the said report shall be deemed to be regarding analysis of unindicated milk in place of mixed due to the inadvertent mistake of the concerned Ahlmad of the Court the sample was described as that of mixed milk while referring the same to the Director, Central Food Laboratory.