STATE OF H.P. Vs. HIMACHAL FLOUR MILLS

JUDGEMENT

(1.) FOOD Inspector took the sample of Atta (wheat-flour) from one Ashwani Kumar resident of Ghugar, Tehsil Palampur, on 14th February, 1986. The sample so purchased was found adulterated having moisture in excess by the prescribed limit of 14 per cent and it was not free from foreign ingredient identified as rice starch. A complaint against Ashwani Kumar was preferred by the Food Inspector before the trial Magistrate and this Ashwani Kumar when appeared before the trial Magistrate pleaded that the Atta in question was purchased by him from M/s. Himachal Flour Mills Tanda Road, Kangra, accused-respondent vide bill No. 2707 dated 13th February, 1986. The trial Magistrate, after examining evidence in this behalf ordered the impleading of the present respondent as one of the accused under Section 20-A of the Prevention of Food Adulteration Act, 1954 (hereinafter to be called as "the Act") vide his order dated 17 December, 1986. The present respondent preferred a revision petition assailing that order and Addl. Sessions Judge (1) Kangra Division at Dharamshala, after hearing the parties set aside the order passed by the trial Magistrate and quashed the proceedings against both the accused, being vitiated under the law.

(2.) THE Addl. Sessions Judge came to the conclusion that the sanction dated 16th April, 1986 under Section 20(1) of the Act issued by the Chief Medical Officer, Kangra, to launch the prosecution against Shri Ashwani Kumar was not valid as it did not contain the particulars of the offence.

(3.) I have heard the learned counsel for the parties and have also gone through the record of the case.