RAJ TRADERS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this petition under Section 482 the Code of Criminal Procedure read with Article 227 of the Constitution of India, the petitioner seeks quashing of the complaint and other resultant pro ceedings ensuing thereform, presently pending in the Court of Chief Judicial Magistrate, Shimla, under Section 16(1)(A)(i) of the Prevention of Food Adulteration Act, 1954 (shortly hereinafter referred to as the "Act").

(2.) On 30/05/1992 at about 11.15 A.M., Shri B. L. Justa, Food Inspector, visited the shop of M/s. Diwan Chand Surinder Kumar located at Totu. He disclosed his identity and then purchased six packets of mirch kutti each weighing about 100 grams against cash payment of Rs. 30.00 as a sample for analysis out of 2 kgs packet having 20 small packets, each weighing 100 grams. Shri Diwan Chand of the aforesaid firm was conducting the business at the material time. The aforesaid commodity was kept in the shop for sale to the general public. After purchas ing the article and observing the codal formalities, the aforesaid sample packets were put into three neat, clean and dry packets, labelled wrapped into a thick paper and a paper slip bearing Code and Serial Number of Local Health Authority, Shimla-S-1/2861 was affixed with gum from bottom to top of each packet and then duly signed by the Local Health, Shimla. The signatures of the accused were taken in such a manner that it not only covered the paper slip but also its wrapper. The packets were fastened with strong thread and sealed with sealing wax and four seal impressions were put on each packet and all the knots thereof were covered with seal in the presence of S/Sh. Gopal Singh and Hem Raj (Peon). Panchanama with respect to the pur chase and seizure memo etc. were prepared at the spot in the presence of the said witnesses.

(3.) On further inquiry, Diwan Chand aforesaid discloses to have purchased the above said articles from the petitioner vide bill No. 1588 dated 20-12- 1991. Resultantly, a notice was also sent to the petitioner's firm by the Food Inspector. One part of the sample was analysed by Public Analyst, Punjab at Chandigarh by sending the same after observing codal formalities as per rule. The Public Analyst vide his report dated 2/07/1992 found the contents of the sample containing a non permitted oil soluble coaltar dye of red shade as an admixture whereas chillies powder should be free from added colouring matter. Thus, contents of the sample were found to be adulterated. Accordingly, the three accused, namely, Diwan Chand, his firm M/s. Diwan Chand Surinder Kumar and the petitioners were prosecuted through the complaint in question filed by the Food Inspector on 30/10/1992.