SHAM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of Criminal Procedure, the petitioner Sham Lal has sought quashing of the complaint under the Prevention of Food Adulteration Act filed against him by the Food Inspector in the Court of the Chief Judicial Magistrate, Kapurthala.

(2.) THE petitioner is carrying on the business of a karyana merchant in Sat Narayan Bazar, Kapurthala. The Food Inspector Balwant Singh came to his shop on August 20, 1981 and took a sample of red chilly powder for analysis. The sample was sent to the Public Analyst, who vide Annexure P1 reported it was sub-standard. In the wake of this report the Food Inspector filed the impugned complaint in the Court of the Chief Judicial Magistrate, Kapurthala.

(3.) THE fact that the Food Inspector took the incriminating sample in paper packet is not disputed. It is, however, contended that the packets of the chilly powder were sent for analysis in the original packing and so there was no violation of rules. this contention on behalf of the respondent State of Punjab is unacceptable. Consistent view of this Court is that taking of sample in a paper packing is in violation of the Prevention of Food Adulteration Rules and the same is fatal to the prosecution. A Division Bench of this Court held in State of Haryana v. Gordhan Dass, Criminal Appeal No. 1053 of 1975, decided on August 8, 1978, that 14 and 16 of the Prevention or Food Adulteration Rules prescribe that the sample should be sent to the Public Analyst in dry and clean container and it is not open to the Food Inspector to send the sample in the form of a packet which is likely to be tampered with. This view was subsequently followed in Chand Ram v. The State of Punjab, 1987(1) RCR(Crl.) 190 (P&H) : 1986(2) CLR 23; Budh Ram v. State of Punjab, 1986(1) FAC 86; Sardari Lal v. The State of Punjab 1985(2) Recent Criminal Reports 465; 1986(1) FAC 87. In all these cases the complaint and the consequent proceedings were quashed, Accordingly, the impugned complaint is hereby quashed.