DALIMA DAIRY INDUSTRIES LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under section 482, Code of Criminal Procedure, in which prayer has been made to quash the complaint dated 1st June, 1984, on which the Chief Judicial Magistrate has issued, process on 3rd July, 1984.

(2.) THE petitioner Dalima Dairy Industries Limited, Bharatpur (Rajasthan) has been arraigned as one of the accused in a complaint under section 16(1) (a) (i) of the Prevention of Food Adulteration Act. It is alleged in the complaint that the Food Inspector inspected the shop of Kishan Chand co -accused and found him displaying for sale 5 tins of Sapan ghee, 500 grams each. The Food Inspector purchased three tins of 500 grams each of the said ghee in accordance with the rules. The ghee was found to be adulterated. On these premises he prayed in the complaint as follows :

(3.) THE learned counsel for the petitioner contends that the vendor has so far not set up any warranty under section 14A of the aforesaid Act, thus no connection between the vendor and the petitioner stands established. He further contends that till such connection was alleged or indicated on the file, the learned Magistrate should not have issued process against him under Section 22 -A of the Act. On the bare allegation of the Food Inspector, he contends, complaint against the petitioner cannot proceed.