MUKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by Mukesh Kumar under Section 482 of the Code of Criminal Procedure. It is prayed that complaint dated 22.8.1988 and all subsequent proceedings arising thereto be quashed.

(2.) THE relevant facts are that the Food Inspector on 23.6.1988 inspected the premises of Mukesh Kumar at Grover Soda Water Factory, Feroz Gandhi Nagar, Faridabad. Mukesh Kumar was having in his possession about 480 bottles of sweetened carbonated water (lemon) for public sale. Bottles were purchased and divided into 3 equal parts. The bottles were thereupon sealed and labelled. The bottles were wrapped in strong thick paper. The ends of the paper were pasted with gum. Signatures of Mukesh Kumar were obtained on both the paper slips and the wrappers. Each bottle was secured by means of strong twine and sealed with the seals of Medical Officer and Food Inspector at the spot.

(3.) KEEPING in view the above report, the complaint was filed in Court alleging that an offence punishable under section 7/16 of the Prevention of Food Adulteration Act, 1954 has been committed as the petitioner Mukesh Kumar had kept the said articles of food in store for sale which contain suspended matter in appreciable quantity. The petitioner seeks quashing of the said complaint and the subsequent proceedings.