SURESH CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition under section 482 of the Code of Criminal Procedure Subhash Chander has sought the quashing of the complaint (Annexure P2) filed by the Food Inspector, Kapurthala, under section 16(1)(a) of the Prevention of Food Adulteration Act against him as also the proceedings taken by the trial Magistrate in pursuance of the complaint.

(2.) THE Food Inspector purchased a sample of red chilies from the petitioner on July 28, 1993. The sample was divided in three 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, who, vide his report (Annexure P.1), declared the sample to be substandard. On receipt of this report, the Food Inspector filed the impugned complaint (Annexure P2) in the Court of the Chief Judicial Magistrate, Kapurthala.

(3.) IT is contended on behalf of the petitioner that the sample was sent to the Public Analyst in a packet instead of a container, as envisaged in Rules 14 and 16 of the Prevention of food Adulteration Rules. Therefore, on account of the violation of the said Rules the impugned complaint and the proceedings taken in pursuance thereof by the trial Magistrate deserve to be quashed. This contention must prevail in the light of a Division bench judgment of this Court in State of Haryana v. Gordhan Dass (Crl.) Appeal No. 1053 of 1975), wherein a similar objection was upheld. It was held 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 send the sample in the form of a packet, which is likely to be tampered with. The present case is fully covered by Gordhan Dass's case (supra). Consequently, the complaint (Annexure P2) and the proceedings taken against the petitioner in the Court of the trial Magistrate in pursuance thereof are hereby quashed.