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./1 0 Kg. The respondent No. 2 instead of collecting the sample in the 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 respondent No.2 sent one part of the sample to the Public Analyst, Kandaghat. The spot memo of taking the sample was drawn by the respondent No.2. It is clear from the spot memo that Atta was in sealed pack which was opened to take requisite quantity of Atta. It has been alleged that once the sealed packet is opened and the contents are sold loose the vendor cannot plead warranty from the dealer or distributor or manufacturer as the same is hit by Section 19 (2) (b) of the Act.