BRIJ MOHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BRIJ Mohan Petitioner is a kulfa seller of Jullundur Cantt. On 20th October, 1976, Mr. Tejinder Singh Food Inspector, wont to his shop and purchased 600 grams of kulfa on payment of Rs. 3/ -. The purchased quantity of Kulfa was devided into three equal parts and each part was put into a clean and drybottle. Two drops 40/ - formaline per ounce were added as pre -sevrative. One sample was sent to the Chemical Examiner for analysis. The public Analyst on examination found the sample to be adulterated as the quantity of fat was less than the prescribed. On the basis of the report of the Public Analyst, prosecution in the Court of Judicial Magistrate. First Class, Jullundur, was launched against the Petitioner.

(2.) THE Petitioner has come to this Court under Section 422 of the Code of Criminal Procedure 1973 for quashing the proceedings against him, on the ground that Rule 22 of the Prevention of Food Adulteration Rules which prescribes that minimum quantity of 300 grams of ice -cream and mixed ice -cream should be sent to the Public Analyst. In this case, according to the Petitioner, the quantity collected by the Food Inspector was less than the provided by the statutory rules framed under the Prevention of Food Adulteration Act and the Public Analyst could not have a proper examination of the foodstuff sent to him.

(3.) RULE A. 11.02.08 of Appendix B of the Prevention of Food Adulteration Rules 1955 defines Ice Cream Kulfi etc. as under: -