HARBANS LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed by Harbans Lal (hereinafter described as 'the petitioner') seeking quashing of the complaint and the subsequent proceedings pending in the Court of Judicial Magistrate 1st Class, Patti.

(2.) THE relevant facts are that Food Inspector inspected the premises of the petitioner on 24-6-1987. He found petitioner to be in possession of 8 Kilogram of curd. It was for sale. The Food Inspector demanded a sample of curd by giving him a notice in writing in the prescribed form. 750 grams of curd was purchased for Rs. 4/ -. It was divided into three equal parts. Formaline was added. It was put into three bottles. The same were labelled and stoppered. The bottles were wrapped in a strong thick paper. The signatures of the petitioner were taken in such manner as prescribed. One part was sent to Public Analyst, Punjab. The other two sealed containers were sent to the Local Health Authority. The report of the Public Analyst was received to the effect that curd was adulterated. This led to the filing of the complaint against the petitioner.

(3.) THE State has opposed the application. When the case was listed for arguments, none appeared for the petitioner.