(1.) THIS is a petition under section 482, Criminal Procedure Code for quashing the proceedings against Shri Harish Kumar Pahwa Sales Manager, Messrs Oswal Vanaspati and Allied Industries Ludhiana who is being tried along with one Jaswant Singh under section 7 of the Prevention of Food Adulteration (Amendment) Act, 1975, (hereinafter to be called the Act) in the Court of the Chief Judicial Magistrate, Roopnagar.
(2.) ACCORDING to the allegations in the complaint, filed by the Food Inspector, District Rupar, on 5th November, 1975 he inspected the premises of Shri Jaswant Singh of Messrs Jaswant Singh -Jeet Singh on 21st September 1976 at 4 P.M., situated at New Market Kurali, and found three tins of 4 kilograms each of Vanaspati, Durbar Brand, in his possession for sale 1500 grams of Vanaspati was purchased by the Food Inspector for analysis from the said Jaswant Singh on payment of Rs. 13.78 p. The same was divided into three equal parts and was packed in three dry and clean packets. The certificate of the Public Analyst, Punjab, Chandigarh, attached with the complaint showed that the sample contained red colour produced by Baudouin test, equivalent to 0.5 red units. In para 5 of the complaint it was averred that Shri Jaswant Singh of Messrs Jaswant Singh -Jeet Singh, Sales Manager and Managing Director of Messrs Oswal Vanaspati and Allied Industries, Ludhiana, kept the said articles of food in store and was selling them, and thus was guilty of the offence under section 7 of the Act. In the complaint it was no were stated that the present petitioner, who is the Sales Manager of Messrs Oswal Vanaspati and Allied Industries, Ludhiana, was the Sales Manager of the manufacturer of the said Vanaspati and that the Vanaspati ghee in question, sample of which was taken had been purchased by Jaswant Singh accused from them. Nor was it stated that the ghee in question was sold to the Food Inspector and was being sold to the public in the same packed condition in which it had been purchased from the manufacturer. Though in the complaint the name of the petitioner was hot specifically mentioned, it appears that the complaint was treated as a joint complaint both against Jaswant Singh accused as well as the present petitioner, the Sales Manager of Messrs Oswal Vanaspati and Allied Industries. Ludhiana, and the present petitioner is also being prosecuted and tried along with the other accused Jaswant Singh, who is not a party in these proceedings before this Court. Relying on V.N. Chokra v. The State, (1966) 68 P.L.R. 917, it has been vehemently contended by Mr. Laxmi Grover, the Learned Counsel for the petitioner, that joint complaint against Jaswant Singh as well as the petitioner under the provisions of the Act was not competent and maintainable, and further that no case was made out in any manner against the petitioner from any averment in the complaint. Falshaw, C.J. (as he then was) in, 1966 P.L.R. 917 held as under: -
(3.) THE Learned Counsel for the petitioner has, also, contended that according to the ratio of the decision by a Division Bench of this Court Municipal Committee Amritsar v. Mehar Singh, (1972) 74 P.L.R. 865, the ghee, sample of which was taken and was the subject matter of analysis by the Public Analyst, cannot be held to be adulterated. It is not necessary to go in into the merits of this contention for the purpose of disposal of this petition.