ISHWAR DASS Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) ON 31st May, 1976, Food Inspector Megh Nath visited the shop of Ishwar Dass in Narwana. Two Kilograms of "Gond Khanewala" was found for sale. Sample thereof was allegedly taken. In due course, the sample was sent to the Public Analyst who found 5.04 per cent organic extraneous matter present. Considering the Gond to be adulterated, prosecution was launched against Ishwar Dass. The trial Magistrate recorded preliminary evidence consisting of the statement of the Food Inspector. By the impugned order he framed charge under section 7 (1) read with Section 16 (1) (a) of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act. Ishwar Dass has filed this petition under section 482 of the Code of Criminal Procedure for quashing the charge and also the proceedings.

(2.) LEARNED counsel for the parties referred to the following provisions of section 2 of the Act: - -

(3.) IT may be pointed out at the outset that in his report the Public Analyst observed as under: - -