JOGINDER PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. for quashing order dated 10.9.2010 passed in Case No. 187 -3 of 07/02 by learned Judicial Magistrate 1st Class (IV), Shimla.

(2.) IT has been stated in the petition that petitioner started wholesale liquor business in Shimla under the name and style of M/s Sunrise Enterprises as its Proprietor. The business was stopped on 31.3.2004. The respondent No.2 being retailer in liquor business was the customer of M/s Sunrise Enterprises, as such, was lifting the wholesalepackages of the liquor from the premises of M/s Sunrise Enterprises.

(3.) IT has been stated that Food Inspector on 11.4.2002 allegedly took sample of ˜Gold Riband Whisky for the purpose of analysis. The sample was sent to Public Analyst, who found the sample to be mis ­branded. The concerned Chief Medical Officer gave written consent under Section 20 of the Act to launch prosecution and as such case was instituted in the trial Court.