SAMIR KANTI BASU Vs. UNION OF INDIA

JUDGEMENT

(1.) A short question of law raised in this petition filed under Article 226 of the Constitution is:

(2.) The petitioner has also challenged order dated 25.5.2007 (P-5), passed by the Chief Judicial Magistrate, Chandigarh, holding that prima facie a case for offence under Section 7(ii) of the Prevention of Food Adulteration Act, 1954 (forbrevity, 'the Act')read with Rule 32(e) of the Prevention of Food Adulteration Rules, 1955 (for brevity, 'the Rules') is made out against the accused. He has ordered them to be charge-sheeted.

(3.) Facts which emerge from the pleadings of the parties may first be noticed. Shri Samir Kanti Basu-petitioner is a nominee of Godfrey Phillips India Limited, a company registered under the Companies Act, 1956 and engaged in the manufacture of tea, which is sold under different brand names such as Gold Blossom, Jade Glow, Swan Lake, Symphony, Sugar Cup, Utsav, Samovar, Madhuban and Rangoli. On 29.10.1992, at 1.00 p.m. the Food Inspector of the Chandigarh Administration inspected the business premises of one Baldev Raj and found 30 packets of 250gms. each of Utsav Tea City for public sale in his shop M/s. Janta Karyana Store, Sector 23-C, Chandigarh. The said packets of Utsav Tea city were supplied by Subhash Singhal of M/s. Singhal Brothers, SCO No. 393, Basement, Sector 37-D, Chandigarh, for sale in Sector 23-C, Chandigarh.