SARDARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under section 482 of the Code of Criminal Procedure, with a prayer for quashing of the complaint, Annexure P/1, and all proceedings subsequent to the same, pending in the Court of Additional Chief Judicial Magistrate, Hoshiarpur, against Sardari Lal petitioner and one Ram Chander, with the allegation that the sample of Haldi Powder taken from the shop of the said Ram Chander was found on subsequent analysis to be adulterated, in that the sample contained some rice starch as an admixture, which was not permissible. It is not disputed, and this fact is apparent from the documents annexed with the present petition, as also from the attested copies of the Annexures, which have now been produced in Court that the Govt. Food Inspector, at the time of taking of the sample had prepared the samples of the incriminating article in three packets, which were forwarded for analysis. Even the report of the Public Analyst, Punjab (Copy Annexure P/3) confirms this fact that the sample that he received, consisted of three packets, the contents whereof he had examined.

(2.) IT has been held by this Court in various other cases, including Criminal Miscellaneous No. 5946 -M of 1984 and Criminal Miscellaneous No. 5947 of 1984 Messrs. Garg Masala Company, Samana v. State of Punjab, decided on February 11, 1985, 1985(1) Recent C.R. 325 that the sending of the sample of similar article (chilies) in paper packets was a violation of the Prevention of Food Adulteration Rules, and the same has to be treated as fatal to the prosecution. In all those cases, the complaints filed were quashed. The present case if fully covered by the dictum of the said Authorities. Accordingly, the complaint in the present case is also ordered to be quashed, in so far as Sardari Lal petitioner is concerned. Order accordingly.