SATISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of the proceedings initiated against the petitioner under the Prevention of Food Adulteration Act, 1954 (here in after called 'the Act').

(2.) The facts giving rise to the present petition are that on 25th September, 1991, the Food Inspector took a sample of Taza Salt from the petitioner. After dividing the seized sample into three equal parts, one of the parts was sent to the Public Analyst, Punjab, Chandigarh and on receiving the report and finding the same to be adulterated, the complaint Annexure P-1 to the petition was filed in competent Court. The report of the Public Analyst has also been annexed herewith as Annexure P-2. Notice was issued in this petition on 29th April, 1993 and further proceedings were directed to be stayed. A reply has also been filed by the State in response to the notice.

(3.) Mr. Sawhney, the learned counsel appearing on behalf of the petitioner has urged that as per the case of the respondent, the samples though in a sealed condition were further sealed in glass jars, but as per the report of the Public Analyst Annexure P-2, it appeared that the outer cover that is the glass jars were missing. Mr. Sawhney has, in this connection, relied upon the specific words given in Annexure P-2, which are that "the contents of the sample received in a scaled polythene packet printed as IODISED Taja Salt Solar Evaporated Net weight 500 grams K. SALT WORKS GAID (KUTCH)". Relying on these words, Mr. Sawhney has cited a number of judgements to argue that in case, the sample which had been sent, did not correspond to the sample that had been seized and there was some dispute with regard to its identity, the benefit would have to be given to the accused.