SHIV DUTT RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure has been filed by Shiv Dutt Raj, for quashing the complaint dated January 24, 1985 (Annexure P1) under section 16(1)(a) of the Prevention of Food Adulteration Act filed against him by the Food Inspector, Amritsar.

(2.) THE facts revealed from the impugned complaint are that the Food Inspector purchased a sample of Hing compound for the purpose of analysis. The sample was divided into three equal parts, each of which was packed in a dry and clean packet which was wrapped in a strong thick paper. One of the packets was sent to the Public Analyst, Punjab, who vide his report (Annexure P2), declared the sample as sub -standard. On receipt of the report of the Public Analyst, the Food Inspector filed the impugned complaint in the Court of the Judicial Magistrate Ist Class Amritsar.

(3.) THE grievance of the petitioner is that the sample purchased by the Food Inspector was sent to the Public Analyst in a packet instead of a container envisaged in Rules 14 and 16 of the Prevention of Food Adulteration Rules, It is, therefore prayed that on account of the violation of the said Rules the impugned complaint and the proceedings taken in pursuance thereof deserve to be quashed. This contention has to prevail the light of a Division Bench judgment of this Court in State of Haryana v. Gordhan Dass Criminal Appeal No. 1053 of 1975, wherein a similar objection was upheld. It was held in this judgment that since the rules lay down that the sample should be sent to the Public Analyst in a dry and clean container, it is not open to the Food Inspector to sent the sample in the form of packet, which is likely to be tempered with. The present case is fully covered by the dictum of the Gordhan Dass's case (supra). Consequently, the complaint (Annexure P1) and the proceedings taken against the petitioner in the Court of the trial magistrate are hereby quashed.