CHAND RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petitioner Chand Ram who is a partner of Messrs Sardari Lal and Company, manufacturers and suppliers of spices, has been summoned by the Chief Judicial Magistrate, Kapurthala, as an accused in a case against Subhash Chander vendor, who is alleged to have sold sub-standard Mirch Powder at his shop. Irrespective of the merits of the case, the learned Counsel for the petitioner has contended that the very foundation of the prosecution is unsustainable as it is apparent from the prosecution version itself that the sample of the incriminating article was taken by the Food Inspector in paper packets which is not permissible under the law. The fact that the sample was taken in paper packets is not disputed even on behalf of the State, but it is contended that the packets of the Mirch Powder were sent for chemical analysis in their original packing and hence there was no violation of the rules in this behalf. The contention is devoid of force. By now, there is a catena of authorities of this Court including a Division Bench authority, wherein it was held that the taking of a sample in a paper packing is in violation of the Prevention of Food Adulteration Rules as the same is fatal to the prosecution. In all those cases, the complaints filed were, therefore, quashed. Following the said decisions, the present complaint, in so far as the petitioner is concerned is quashed as being an abuse of the proces of Court. Order accordingly.