RAJ PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has sought quashing of complaint dated 13. 11. 2002 instituted by Government Food Inspector, Patiala against him and another and setting aside of the order of the even date passed by Sub-Divisional magistrate, Rajpura vide which he was ordered to be summoned under Section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act' ).

(2.) IN the complaint it was alleged that the premises of Hotel Raj, situated in village Sarsini, were inspected on 28. 2. 2002 at 2. 00 p. m. by Dr. Daljit Singh, government Food Inspector accompanied by Dr. Baldev Singh and Dr. Madanjit singh. At that time Baldev Raj Manager of hotel Raj was present. 30 kilograms of Atta was found lying in a gunny bag for sale and human consumption. Sample of the Atta was taken. The same was thereafter sent to Public analyst, Punjab, who on examination found that the sample contained one rodent excreta, hence, the sample was adulterated. Accordingly criminal complaint was instituted by the Government Food Inspector against Baldev Raj, manager of the hotel as well as the present petitioner, being the owner of the said place.

(3.) WHILE seeking quashing of the complaint and the summoning order, the petitioner stated that he had been falsely implicated in the complaint. At the relevant point of time i. e. 28. 2. 2002, he was not in India. In fact he was in england since 30. 11. 2001 and working as Neighbourhood Housing Manager (Higher Grade) at Willenhall Neighbourhood Office within Housing Services. There was no allegation levelled against him in the complaint instituted by the government Food Inspector and he was arrayed as one of the accused being the owner of Hotel Raj and for no other reason. In fact the petitioner was co-owner of the said hotel along with his brother. Accordingly, it was prayed that the complaint be quashed and the summoning order set aside.