RAKESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) THIS petition has been filed for quashing order dated 20.4.2010 summoning the petitioner under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (for short 'Act'), order dated 11.5.2011 putting notice of accusation under Section 16(1) (a) (i) read with Section 7 (i) of the Act and complaint No. 46/3 of 2010 pending in the Court of learned Judicial Magistrate,Theog.

(2.) THE facts, in brief, as stated in the petition are that on 8.10.2009 respondent No.2 Food Inspector visited the shop of the petitioner and expressed her intention to take sample of "Atta" which was kept for sale in sealed packs of different quantities viz. 5 Kg./10 Kg. The respondent No. 2 instead of collecting the sample in the Whether reporters of Local Papers may be allowed to see the Judgment ? Yes. 2 same form i.e. in the packed and sealed form in which it was kept for sale, opened the packet and purchased 900 grams of wheat flour out of 5 Kg. sealed pack by cutting it open.

(3.) THE sample of Atta after analysis was reported to be adulterated which according to the report of the public analyst started on 12.10.2009 and was concluded on 16.11.2009. The analyst report alleged that the sample had 'alcoholic acidity of 0.21% as against the maximum prescribed standard of 0.18%'.