SUBHASH CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' ) for quashing the order dated 23-12-1995 (Annexure P.4), passed by the Chief Judicial Magistrate. Hoshiarpur, whereby a charge for an offence under Section 16(i)(a) read with Section 7 of the Food Adulteration Act (for short 'the Act' ) has been framed against the petitioner.

(2.) The admitted facts are that on 23-6-1994, Shri Dhani Ram (PW 1), the Food Inspector, Hoshiarpur, purchased 600 grams of Mirch powder (chillies) for Rs. 28.86 Paise for the purposes of analysis from Vinod Kumar carrying on business under the name and style of M/s. Lachhman Kohlu Ghar, Hoshiarpur. At that time, Vinod Kumar produced a bill No. 87 dated 17-5-1994 and disclosed under Section 14 of the Act that he had purchased the said Mirch Powder from M/s Lalji Karyana Store, Khanpuri Gate, Hoshiarpur, the manufacturer of the said article. A copy of the notice on Form VI was sent to the said manufacturing concern stated to be owned by the present petitioner. On analysis by the Public Analyst, as per his report (Annexure P.2), the sample was found to have been adulterated. Consequently, a complaint (Annexure P. 1) was filed against both, Vinod Kumar from whom the sample was purchased and Subhash Chander, the petitioner, who is stated to be the manufacturer of the said article of food under Section 16 of the Act. Both these accused were summoned by the Chief Judicial Magistrate.

(3.) After recording pre-charge evidence and hearing the prosecution as well as the defence, the Chief Judicial Magistrate passed the following order :